Sri. S.B. Manjunath vs The Executive Officer

A.S. Bopanna

Sri. G.S. Bhat, learned counsel to accept notice for respondents No. 3 to 6. Considering the nature of disposal, notice to respondents No. 1 and 2 is unnecessary. Registry shall take the Vakalathnama on record. Heard the learned counsel for the parties and perused the petition papers.

The short grievance in the instant petition is that the petitioner herein had filed an appeal u/s 269 of the Karnataka Panchayath Raj Act before the Executive Officer, Taluk Panchayath. The Executive Officer after entertaining the appeal had granted the interim order in favour of the petitioner on 03.01.2013.

The further grievance of the petitioner is that without indicating any reason whatsoever, the interim order has been unilaterally vacated by the Executive Officer on 04.01.2013. It is in that circumstance, the petitioner is before this Court.

The learned counsel for the private respondents seek to justify the order on the ground that the appeal itself was barred by time and the application filed seeking condonation of delay had not been considered, the grant of interim order was not justified and the Executive Officer having realized this aspect of the matter has vacated the stay.

Having noticed the rival contentions, I am of the opinion that the Executive Officer at the first instance exercised the discretion to grant the interim order, any variation of the same even for the reasons indicated by the learned counsel for the private respondents could have been made only in the manner known to law after providing opportunity to the petitioner. However, at this juncture, it is not necessary for this Court to further dilate on this aspect of the matter, since the contesting parties are represented and the matter itself can be considered by the Executive Officer. Accordingly, they shall now appear before the Executive Officer, Krishnararajapet Taluk Panchayath on 16.01.2013. The Executive Officer shall thereafter consider all contentions of both the parties either with regard to the Interlocutory application or on the main matter itself to come to a conclusion as expeditiously as possible. Until such time, the status-quo existing shall be maintained. In terms of the above, the petition stands disposed of.