K KRISHNAPPA Vs. ASSISTANT COMMISSIONER KOLAR

JUDGEMENT

(1.) PETITIONER in this writ petition has sought for issuance of a writ of certiorari quashing the order at annexure-a, dated 18-1-2001 passed in r. a. No. 145 of 2000-01 by the assistant commissioner, kolar sub-division, kolar and further to direct the assistant commissioner to consider the request for grant of interim order and continue the interim order granted earlier in r. a. No. 145 of 2000-01 pending disposal of the appeal urging various facts and legal contentions.

(2.) THIS court, vide its order dated 15-3-2001 permitted respondents 3 to 15 who are the residents of kempanahalli village to come on record to justify the impugned order.

(3.) IT is the case of the petitioner that he is in possession and enjoyment of the land in sy. No. 34 of kempanahalli village, tekal hobli, malur taluk as an absolute owner and there is a pathway running in the said land which is being used by the public as well as the petitioner as shown in the village map at annexure-b; since, 2nd respondent attempted to form the road in the middle of the land contrary to the village map he filed o. s. No. 143 of 2000 on the file of the learned civil judge (junior division), malur, and obtained an interim order of temporary injunction, which was subsequently vacated on the basis of the memo as per Annexure-C filed by the respondents to the effect that they are not forming the road in the land in dispute; in the meanwhile, the tahsildar, 2nd respondent issued an eviction order dated 13-11-2000 as per Annexure-D on the ground that the petitioner has encroached upon the existing cart-track without giving any notice and conducting an enquiry; against that Order, he filed r. a. No. 145 of 2000-01 before the assistant commissioner, kolar sub-division, kolar, who had initially granted the interim order of stay of the operation of the order of the tahsildar till 7-12-2000 and the same was extended till 11-1-2001; thereafter the case was adjourned to 18-1-2001 on that day, the assistant commissioner without any reason refused to continue the interim order and vacated the interim order as per annexure-a; thereafter the matter is being adjourned from time to time; that the 2nd respondent taking advantage of the said Order, has started formation of the road in the middle of the land in dispute and as such petitioner has preferred this writ petition seeking for the reliefs as stated supra.