Heard the learned senior counsel Sri Puttige R Ramesh

along with the counsel Sri Prakash M.H. for the appellants

and the learned counsel for the private respondent Sri

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Venkatesh P Dalwai and the learned Additional Government

Advocate for the State.

The Intra-Court appeal is directed against the

interim order passed by the learned Single Judge vacating

the interim order dated 15.04.2019. The learned Single

Judge as he then was, was pleased to vacate the interim

order on the short ground that the appellants/petitioners is

not entitled for an equitable relief in view of the inordinate

unexplained delay in approaching the Court in the writ

petition. On the short ground, the learned Single Judge has

been pleased to vacate the interim order of stay granted

earlier.

Aggrieved, the appellants are before this Court.

The learned senior counsel would attempt to canvass the

appeal on merits. We have perused the order impugned.

The order as noted supra is premised on a very

short ground that the writ petitioner being disentitled for any

equitable relief as the petitioners/appellants herein has

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approached this Court belatedly i.e., after a delay of four

years and there is no explanation for the said delay. The

learned Single Judge has also placed a caveat whereby, it

has been observed that the observations made to vacate the

interim order are limited for the purposes of vacating the

interim order alone and are not to be construed as a

pronouncement on the merits of the writ petition.

5.

Apparently and indisputably, the writ petition is

still pending before the learned Single Judge. In that view of

the matter, we are of the considered opinion that, it would

be appropriate for this Court to dispose of the writ appeal

reserving liberty to the appellants/petitioners to canvass the

writ petition on merits. As any observations made by this

Court in disposing of the appeal on merits would certainly

have a bearing on the orders that may be passed by the

learned Single Judge.

6.

In that view of the matter, we are of the

considered opinion that the writ appeal could be disposed of

by requesting the learned Single Judge to expedite the

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consideration and disposal of the writ petition. Accordingly,

writ petition stands disposed of.

7.

The learned Single Judge to expedite the hearing

and disposal of the writ petition in view of the apprehension

expressed by the appellants that vacating of the stay would

enable the respondents to carry out developmental activities

which could prejudice the case of the appellants/petitioners.

8.

The writ appeal is ordered accordingly.

In view of disposal of the appeal, interlocutory

applications if any, do not survive for consideration and is

accordingly disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

CHS

List No.: 1 Sl No.: 2