IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19?" DAY OF OCTOBER
BEFORE
THE HON'I3LE MRJUSTTCE RAM ,MOF;AN"§§EIjDY E
WRET PETITION No.1956*Z/2:731..CiI (S58) E E" 'A
BETWEEN:
SMTRAMALA
w/O.SHANT1~1APRA ..
AGED ABOUT 76YEARS.__
RESIDING AT SRANKETHOTA HOUSE
BAPPANAD VILLAGE . ' ' ~
MULKYPOST ._ g _
MANGALORE'§¥\L!;J¥{ _
DAKSHINA " .j " . ...PETITIONER
(13? ARIOA, ADV.)
AND:
A. 1. mg SENIOR 'ACCOUNTANT OFFICER
_ 'FHI3"-'OFFICE OF ACCOUNTANT GENERAL
A "(A&E]"KARN.ATAKA, BANGALORE
.._EP.E..Ne.T.5369,.i.RARK ROAD
BANGALORE-560 001
; 2. ;fi{E"'§.IO1i§fT COMMISSIONER
COMMERCIAL TAXES (ENEORCEMEND
" 'WEST ZONE
V. __N:lANGALORE D.K. RESPONDENTS
L44
This W.P. is filed under Articles 226 and 227 of
the Constitution of India praying to quash.-“‘-the
order/ communication dated 26.02.2010 by respo1iden;t.”
No.1 (minexure C) and etc.
This WP. is coming on for””pi*e1irnina.ry’1
this day, the Court made the follotszingii ~
oxneg
The petitioner c};ai’.rns toiiiclassifl heir and
mother of the deceased served the
State as a ;’d1’iy_er in the “CoInme_rcia1 Tax Office,
Mangalore, – and-«.obtiain,e’d.___a [Succession Certificate in
P & scfCx¢;=5f2ooeC”an 7/11/2008, Annexli
wherenrider t”he_V_VV:p’etit:i0ner was entitled to the Death
R_etirernent Gratuity, GPF and other amounts in
Co§op’erat’i”_Ve accounts to the exclusion of a person
‘V by Bharathi, claiming to be the wife of
“‘..flr:1Aeceased U.S.Gopa1a. It is ascertained that Smt.
Lek
_ 3 –
Bharathi died sometime after 7/ 1 1 / 2008, but material
is Wanting in that regard in the petition. Aithough the
petitioner, through her learned Counsel, issued_4a.V_1’eg_alv
notice cit. 9/ 10/2009, Annexl), to the Senior .
Officer, Office of the Accountant G’-enerat.’V”(A&E)–L ii”
Karnataka, Bengaiuru and the
Commercial Tax (Enforcement): V
nevertheless, according to VA — learned Q’ ‘ Government
Counsel, the amounts dueto”IJ”:S:;Gt51§a1§,/tovvards Death
Cum Retirement forwarded to
the / much prior to the
legal notice, and is.-~not encashed.
in they cirisuinsitances, I think it appropriate to
ddirec-t«V’th’e petitionerdto make a representation enclosing
maaaaie’tataa Lok Adalath as Well as the death
Z””‘–._V:Officerz of the Office of the Accountant General (A&E)
certificate Smt. Bharathi, to the Senior Accounts
M
Karnataka, Bangalore, within 3. fortnight from today “and
if so done, the 18$ respondent is directed to c0nsi.giefftth~ev
said representation and pass orders in aCCOId§3.HCé”tiVi*Tfi”~’ ~
law ineiuding recalling of the amount’ it
District Treasury in the name of A
Petition is accordingly of; ‘