ORDER

The petitioner is aggrieved by the second respondent's Order dated 03.07.2020 [Annexure-K] under Section 321[3] of the Karnataka Municipal Corporations Act, 1976 [for short, 'KMC Act'], and in fact, the petitioner has sought for a writ of mandamus as an alternative remedy for direction to the second respondent not to give effect to the Order dated 03.07.2020 till the disposal of the pending Miscellaneous Petition in No.6/2024 in Appeal No.469/2020 before the Karnataka Appellate Tribunal [Tribunal]. As regards the immediate cause of action, the petitioner contends that BESCOM has issued Communication dated 08.04.2024 for disruption of electricity in view of the Order dated

03.07.2020.

2. Sri R S Ravi, the learned Senior Counsel for the petitioner, submits that the petitioner has completed the construction of the property in the year 2019, and with the second respondent initiating proceedings under Section 321 of the KMC Act, the petitioner has availed statutory remedy as against such initiation including the Confirmation Order passed under Section 321[3] of the KMC Act before the Tribunal in Appeal No.469/2020. The learned Senior Counsel submits that for bonafide reasons, the petitioner could not be represented before the Tribunal as of the relevant date, and therefore, the appeal is dismissed for default but the petitioner upon coming to know of this outcome, has filed Miscellaneous Petition in No.6/2024 and that is pending consideration.

3. When queried, Sri R S Ravi submits that the Tribunal can grant interim orders under the appellate jurisdiction but cannot while entertaining the Miscellaneous proceedings for restoration of the appeal, and as such, the petitioner is constrained to invoke the jurisdiction of this Court and seek appropriate relief. Sri Pawan Kumar, the learned counsel for the respondent, is heard in the light of the afore submissions.

4. On a careful consideration of the pleadings and submissions, this Court must opine that whether the proceedings under Section 321 of the KMC Act are justified must be decided by the Tribunal. The Tribunal has dismissed the appeal in the year 2020, but the petitioner has availed the remedy for restoration of the appeal pleading bonafide reasons. The merits of these reasons, will also have to examined by the Tribunal, and if in the meanwhile there is any precipitation, the petitioner's appellate remedy, which could be available if the Miscellaneous proceedings are favourably considered by the Tribunal, will be frustrated. In mutual interests of the parties, the Tribunal can also be called upon to decide on the merits of the Miscellaneous proceedings expeditiously. Hence the following:

ORDER

The petition stands disposed of directing the second respondent, and the other authorities, not to act upon the Confirmation Order dated 03.07.2020 under the provisions of Section 321[3] of the KMC Act until the Tribunal decides on the merits of the Miscellaneous proceedings, and the Tribunal is called upon to decide on the merits of the Miscellaneous Petition in No.6/2024 on or before 31.07.2024 if service of notice is complete.