IN THE HIGH COURT OF KARNATAKA AT BAN DATED THIS THE 7th DAY OF SEPTEMBE:f£é":20(;éI__j'. I. THE I-ION'BLE MR. RD. DIN ;A. JU STH;E;;,L_.' 3""? I 7 .. THE HONBLE uv.II»I,:_Lo_oR, EAST WING C_G~URSE»_ ROAD SANCIALOREESO 001 .....APPELLANTS (By. Sri: P "'S MAf\TJ"UNATH } 1 M'/S SHAKTE HILL RESORTS PVT LTD BEML LAYOUT RAJARAJESWARI NAGAR OFF MYSORE ROAD BANGALORE560 098 REP. BY ITS CHAIRMAN __ " e u .»_. DR. R. ARUNACHALAM RESPONDENT " , '*- "
THIS WRIT APPEAL IS FILED 2:1; or V’
KARNATAKA HIGH COURT ACTIpPRAYING«oTO’ ‘SETVASIDFJ
THE ORDER PASSED IN ” . _P.E’T;I’i?IO’N_
N0.8038/2008 DATED 09/0V6,’_2_009.”‘ ._
THIS APPEAL COMING cP.,Vi~*0R PREL.1MR:AR&: HEARING
ON THIS DAY, sABHAH1__T J., DELIVERED. THE FOL_LQWING:«
This writ appeal}:-s ‘filed bypéthe respondents 1 and 2 in
W.P.No.8038}i[20«§’Q’_p. the order dated
9.6.2009′-Vi~’herein’: learned Judge has set aside the
order petition dated 6.5.2008 and
remitted the n1atterA’~to”the respondent for reconsideration
afresh :and_ to taks….decisi0n in accordance with law after
‘srff0rding’~re4asonab1e opportunity of hearing the petitioner
‘personalljd/.V.”pjor.r1= through his counsel and decide the same
‘V strictly in compliance with the direction issued by this court
1’ 1-“xrv0w_.I>.i\’io.26a1:20/2005 dated 10.1.2008 and dispose of the
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same as expeditiously as possible at any rate within
of three months from the date of the receipt of ‘7’ 0
2. The respondent herein
being aggrieved by the order/comrrrnnioatiran
passed by second respondent___. in ijland
directing the respondents to _theV”sett:led arnount of
Rs.362.81 lakhs from :the deducting the
payment of Rs.I13 Iakhs It is the
contention of; peititiorrer petitioner had filed
W.P.No.26420/2.’005.i?.q11es’i§.oning correctness of the
Communication. 2′;9i2005′._”VapprovingI ‘one time
settlementiinii todth-e<:'1,etter of the petitioner dated
18.11.2002 videhAnne;:uAr~e;A~~–'to the writ petition. The said
-‘w_rit pe’tii?ion:’was of on 10.1.2008 with a direction to
the «rnake a fresh representation to the
respondentv for benefit under the ‘One time
settlement’ scheme in furtherance of the earlier
U”ied,er/cormnnnication dated 18.11.2002 and directing
.t1je'”‘-respondents to consider the representation in
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?;
accordance with law and the benefit available undervlth;ei.TeOne
settlement scheme’ and dispose of
expeditiously as possible. As per the diree–ti,o”n.sV issued
this court in the said W.P.No.264i?lO/ a
detailed representation as; per rXrinexurejJ–ll–l. to the
petition and issued remindersV”i’a:sV’ per and M
to the Writ petition resipectivelnjglfllVa1iei._rép.resentation has been
rejected by issuing endorsernentibvas«:_pef_~linnexure–N to the
writ petition Estating that fjjis. conformity with
the ‘iéoiioy 2007-08, though this
tol”consider/ extend the benefit
unde tuitheranee of the letter dated
18.11.20(l2~.. endorsement has been issued
affording ———- -«opportunity to the petitioner to
‘ the representation and therefore, sought for the
above referredi’ releifs.
The learned Single Judge after hearing the learned
l.AAco.unsel appearing for the petitioner and the learned counsel
K}
The writ appeaf is dismissed. Since the appeal
dismissed on merits, it is unnecessary to consideriheéii V
application for condoning the delay of 16 days in fi.1ing ‘
appeai.
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V ” Index: Yes/_ 1\¥Q_
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