Why this tearing hurry; HC asks KAT which ordered dispute between tahsildars within one day

NT Correspondent

Bengaluru: The High Court of Karnataka has set aside the order of a Karnataka State Administrative Tribunal (KAT) which decided the matter just one day after it was filed and without even hearing the arguments of the Government whose original order had been challenged.

“We are unable to appreciate the tearing hurry to dispose of the matter and that too in a matter in which this is not the first round of litigation and a matter where the issue has reached this Court,” the Division Bench of Justice G Narendar and Justice Shivshankar Amarannavar said in their judgment recently. The dispute was between two Tahsildars; S Anand Rai and Anil M over their posting.

The Government order of posting was challenged by Anil M before the KAT which came up for hearing for the first time on March 14, 2023 and it was adjourned to the following day. On March 15, the KAT reserved the orders after hearing the counsels for the private parties. The order was pronounced on March 21.

“The order dated 15.03.2023 does note even indicate as to whether the Government pleader has canvassed any grounds or not,” the HC said in its judgem e n t o n the petition filed by S Anand Rai challenging the KAT order. The HC said the Tribunal should have allowed the Government to plead its case.

“In our considered opinion, the Tribunal ought to have given an opportunity to the author of the impugned order, i.e., the Government and the Tribunal proceeding to pass orders without even hearing the Government whose order is under challenge cannot be countenanced. Hence, the writ petition is required to be allowed on the short ground of being violative of the principles of natural justice,” the HC said.

Setting aside the Tribunal’s order, the HC said, “The impugned order dated 21.03.2023 is set aside. The matter is remitted back to the Tribunal for reconsideration and disposal strictly in accordance with merits. We request the Tribunal to expedite the hearing and dispose of the application after giving an opportunity to the Government to make its say. The Government shall file its statement of objections, if any, within three weeks.”