High Court Karnataka High Court

Karnataka State Industrial … vs M/S Shakthi Hill Resorts Pvt Ltd on 7 September, 2009

Karnataka High Court
Karnataka State Industrial … vs M/S Shakthi Hill Resorts Pvt Ltd on 7 September, 2009
Author: P.D.Dinakaran(Cj) & V.G.Sabhahit
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.

ksvf’§* ”

V ” Index: Yes/_ 1\¥Q_

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