IN THE HIGH COURT OF KARNATAKA,
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 22NI> DAY OF FEBRUA C: '._:'
BEFORE
THE HONBLE MR. JUSTICE
WRIT PETITION NO. 33503 A(}I£_'*""2009V»{G:.:1'\./VII:~I§tE'.':_j's). I
BETWEEN:
Ba1ajiS/0 Motiram H_1q"H.yaI.e, I ~ I '
Age 40 years, Occ: BusiI_1'es's.,_
R/0 Viliage Kandgul,
Tq: Aurad-B, D:i'st; Bigjdar.' ..
Petitioner
(By Sri. M1'. .5s.'1_1};.'_I; IIi=.:n§I?i.'s1A.4;&vocé;g:é)
1. TheASIé1te
Represented by }?'.I*i1Ieipa1 Secretary
Revenue Dep'aI"I;In'eI1i,
._f *V.i(I:1T_hlVE:11'1"' Soudha_,.. «
I' « _ Bafiga1_o1*e.
2';-"__Th'ev §3epLi.'§3*""Commissioner,
I A _ BidaI,' 'I§'_2_is"1:: Bidar.
3. The Assistant Commissioner,
AA .«__Sub¥D1'Vision. Bidar.
K)
4. The Tahsildar,
Aurad~B, Tq: Aurad-B,
Dist: Bidar.
5. The Executive Officer,
Au1'ad--B, Tq: Aurad~}3.
Dist: Bidar.
6. The Secretary
Gram Panchayat, Chick1i~J , '
Tq. Aurad--B, Dist: Bidaij. _
Respondents
[By Sri. S.S. Kumman; d
This Writv.Petition..:i_S’V»filed,u”nd’er::’-Articles 226 and
227 of the Con_s’_titution of I-nd~i’a,VVpré2ayi1ig to direct the
respondents:-._ tQf’ipay”.0″f.’ RS,].:;–44,4f3’0/- with banking
interest, to the”‘petitio{n.e’r,~ fifofii the date of default of
payment till» vrealisatioén and to direct the
respondents}; to “if ppayfiot’ the” petitioner a sum of
Rs.5O:,__OO.0–,/-V cost, in the interest of justice
and equity. ‘ ” T’ ~
_ ~petitio;n A’eorriing on for preliminary hearing
thisppday, the Court made the following:
0 R D E R
‘ learned Government. Advocate
taires for Respondents 1 to 5.
–. however even as on today the
1 lresp’orid.ei1t:shave not paid the amount.
ith”e..’petitioner has aiready subrniflied the requisite bills.
2. Even though the matter is listed for preliminary
hearing, with consent it is taken up for final disposal.
3. It appears the respondents called:
tenders for supplying of iiiélel
goods carriage permit vehicle.
the tenderer and was the
water to Gram PanEfh.?1YEtt,~t’a’tl:..Af_ira.d~Bl, ll Uistrlet Bidar.
The Case of the owns a Vehicle
bearing No.5. the order of
has supplied drinking
The grievance of
the been in correspondence
with the eon_eerned”anthorities for payment of the bill of
l .. Learned counsel for the petitioner submits that
,
‘ .notiVced«.ntha_t. much correspondence has taken piace
between dtE1_eA.t3’petitioner and the fifth respondent. Now
purst1ant to Annexure-‘U’ issued by the second
But however the same was returned pursuant. to
Annexure~’M’ dated 01.03.2006 indicating
signature of the petitioner was not found V’
Hence the petitioner was directed to
the said biils. Indeed thereaftder
taken place interse the’
second respondent V zagd to the
payment of amount. respondent
has issued a .vcorn”inu1:iicati.o’n ‘at”i’–‘\jic*ineXVf1’1re-‘U”.
5. Mr.-._ S;.fS.._. Kumr1_’1an_,. jiearned Govt. Advocate
appearing submits that indeed the
bills i}a(hic1*1 _p -‘by the petitioner were not
signed, thgyi cvou’1d”‘n’ot the bill.
Vhai.re”-pe_r1_ised the papers. Apparently it is to
idiiirection is required to be issued to the third
respondent. certain information is sought. from the
fourth respondent. indeed the second respondent.-,phas
stated that the outstanding amount
petitioner is pending since 3 to 4
reasons are not forthcoming
fourth respondent to supp’1y._theiiiiecessalfi’
so that the bills of the petitiioner can This V
communication is datefi _
7. Vviiact that the
the petitioner and the
Ai_hd’iVcate that the process of
payrnhentii is ‘But however it is further
noticed iasthovf communication is of the year
‘ regard to the totality of facts and
cirécdrriistances of the case, I am of the View that the
‘ V’ . ap’pearItance.,
6
respondent to process the bili of the petitioner for
payment of the amount.
9. Let a writ of Inandamus be issuedpto
respondent to consider the rec;z:est–.oAf the pe::::¢m%,::. for
payment of the amount as ”
16.07.2008 issued by Vti3_ef”~~..pseco11~d.’–respdo~nde’nt. in’
accordance with law. * .,
10. Compliance;-no.threepprnontnsilfrom the date of
receipt of isténds disposed of
accordingiygcpp is
1\R/I-rd S.S.- ». iearned Government Advocate
for the responder-1ts’v.isspermitted to fiie his memo of
Sd/*5
JUDGE