NAGESH DATTA SHETTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted. Challenge in this appeal is the judgment of a Division Bench of the Karnataka High court refusing to interfere with the order passed by learned Single Judge in view of the fact that the Ankola Taluk Land Tribunal (in short the tribunal') had disposed of the matter pursuant to the direction given by learned Single judge.

(2.) The appellants had ti. he writ appeal before the Division Bench of the karnataka High Court aggrieved primarily by that part of the order of learned Single Judge who had remanded the matter to the Tribunal, with a specific direction to grant occupancy rights in favour of the respondents, who were the petitioners in the writ petition. This appeal was admitted but there was no order of stay passed in the appeal either directing stay of further proceedings before the Tribunal or staying operation of the order of learned Single judge, as no application had been filed for grant of any interim relief. In the absence of any order of stay, pursuant to the directions given by learned Single Judge the proceedings came to be heard by the Tribunal which hold that the respondents were to be granted occupancy rights in line with the mandate given by learned single Judge.

(3.) By the impugned judgment the High court came to hold that though the learned single Judge had directed grant of occupancy rights and the Tribunal had followed the directions, it was open to the present appellants to question the correctness of the decision of the tribunal before the learned Single Judge. Accordingly the writ appeal was dismissed.