B. BALAKRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The challenge in this petition is directed against the impugned notification No.RD 15 LGP 2019 dated 11.07.2019, passed by the respondent-State Government.

(2.) The petitioner is a Judicial Officer who retired as a District Judge, in the year 2014. The petitioner, after attaining superannuation, was appointed as Judicial Member of the Karnataka Land Grabbing Prohibition Special Court constituted under The Karnataka Land Grabbing Prohibition Act, 2011 (hereinafter referred to as 'The Act' for short). In terms of Section 7(7) of the Act, the Chairman and other Members hold office for a term of three years from the date on which they enter upon the office, or until the Special Court is reconstituted, whichever is later. The petitioner having been appointed under notification dated 22.03.2016, and having taken charge on 30.03.2016, three years came to an end on 30.03.2019. Therefore, the State Government issued a notification dated 30.03.2019 directing that the petitioner herein along with the Chairman and another Judicial Member to continue in the said post until further orders. The impugned order dated 11.07.2019 was issued by the State Government appointing the fourth respondent herein as a Judicial Member, while reappointing the third respondent as a Judicial Member. It is in this background that the instant petition is filed, calling in question the impugned order dated 11.07.2019.

(3.) Sri S.S.Naganand, learned Senior Counsel, appearing for the petitioner submits that the impugned order is in violation of the provisions of Section 7(7) of the Act. It is submitted that the Special Court, having been reconstituted on 30.03.2019, the State Government could not have issued the impugned notification before the expiry of three years from 30.03.2019.