S. M. Yatheesha vs. Ramesh

ITEM NO.15 Court 12 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 4105/2022

(Arising out of impugned final judgment and order dated 18-10-2021 in WP No. 13385/2021 passed by the High Court Of Karnataka At Bengaluru)

S.M. YATHEESHA & ORS. Petitioner(s)

VERSUS

RAMESH & ORS. Respondent(s)

Date : 14-03-2022 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Petitioner(s) Mr. Sampat Anand Shetty, Adv. Ms. Madhusmita Bora, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

The order passed by the learned Karnataka State Administrative Tribunal was without giving an opportunity of hearing to the petitioners. Therefore, the petitioners filed a writ petition before the High Court. By the impugned judgment and order, the High Court has allowed the said writ petition on the ground that the petitioners were not given any opportunity of being heard. The High Court has, thereafter, remanded the matter to the learned Tribunal to decide the main O.A. on merits and after giving an opportunity of hearing to the petitioners. No fault can be found with the impugned judgment and order passed by the High Court. The Special Leave Petition stands dismissed. However, it is observed that all the contentions which may be available to the petitioners and the respective parties are kept open to be considered by the learned Tribunal while considering the O.A. Digitally signed by R Natarajan Date: 2022.03.16 14:51:21 IST Reason: Signature Not Verified

(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER