BEERAPPA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This is an intra court appeal filed under Section 4 of the Karnataka High Court Act, 1961, challenging the order passed by the learned Single Judge dated 06.02.2017 passed in W.P.No.106344/2016 whereby the writ petition clubbed along with W.P.Nos.112027-2028/2014 were disposed of directing the Tahasildar to complete the selection process within a period of four weeks from the date of receipt of the certified copy of the order.

(2.) Facts in brief are that the Regional Commissioner, Belagavi, issued a Circular on 23.10.2007 for appointment of Stipendiary Grama Sahayak pursuant to the Government Order dated 16.09.1978. Based on the said Circular, the 2nd respondent-Tahasildar issued an advertisement on 02.06.2014 calling for the post of Gram Sahayak which became vacant in view of retirement of Appasaheb Balappa Pinjar on 13.05.2013. Pursuant to the advertisement, the appellant herein as well as the 3rd respondent filed an application for appointment to the said post. Apart from appellant and the 3rd respondent, there were two other persons who made applications namely Hussain Sab and Nagappa Vaddarahatti. All the four applications were scrutinized and a report was submitted to the Tahasildar by the Revenue Inspector. On the basis of the report submitted and after scrutinizing the papers, the Tahasildar found that the 3rd respondent is over aged and the appellant herein is eligible for appointment in terms of the advertisement issued at Annexure-B to the writ petition. Subsequent to that, the appellant was appointed as Gram Sahayak of Davaleshwar village of Mudhol taluk. Such being the state of affairs, the 1st respondent entertained the appeal filed by the 3rd respondent under Section 49 of the Karnataka Land Revenue Act, 1964, (for short 'the Act') during the pendency of W.P.No.112027-28/2014 filed by the 3rd respondent before this Hon'ble Court. The 1st respondent passed an order dated 13.07.2016 allowing the appeal filed by the 3rd respondent challenging the appointment of the appellant herein as Gram Sahayak of Davaleshwar village. The appeal was allowed and the matter was remanded to the Tahasildar to reconsider and pass appropriate selection order, pursuant to which the appellant preferred W.P.No.106344/2016 challenging the order of the Assistant Commissioner dated 13.07.2016. These matters were clubbed, heard together and disposed of by a common order dated 06.02.2017 directing the Tahasildar to complete the selection process upholding the jurisdiction of the Assistant Commissioner in passing the order dated 13.07.2016. Being aggrieved by the said order, the appellant is before this Court in this appeal.

(3.) Subsequent to passing of the order of the learned Single Judge on 06.02.2017, Tahasildar passed an order on 06.04.2017 acting upon the directions issued by the learned Single Judge. The appellant has filed an application IA-5/2017 for amendment of the prayer in the writ appeal challenging the order of the Tahasildar dated 06.04.2017 as it is a consequential order based on the order passed by the order of the learned Single Judge of this Hon'ble Court.