MAHABALA NAIKA Vs. DEPUTY COMMISSIONER AND ORS.

JUDGEMENT

(1.) This writ petition is filed seeking a direction to the 1st respondent-Deputy Commissioner, Dakshina Kannada District, Mangalore, to consider the application for stay in No. PTCL. Appeal-2/2013-14 filed by the petitioner. Petitioner has filed a statutory appeal under Section 5-A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, challenging the order dated 25-6-2013 passed by the 2nd respondent-Assistant Commissioner, Mangalore Sub-Division, Mangalore, in No. PTCL.CR.26/12-13, thereby directing resumption of land to Government and restoration of the same to respondents 3 and 4 herein. Along with the appeal, petitioner has filed an application seeking interim stay, pending disposal of the appeal.

(2.) The 1st respondent has not considered the application and passed any order on the same. Instead, has proceeded to hear the main matter and posted it for orders. As no orders have been passed, the 2nd respondent has initiated steps for restoration of the land. In this background, petitioner has rushed to this Court.

(3.) I have heard the learned Counsel for all the parties.