Sri D Y Uppar S/O. Sri Yenkappa vs Krishna Bhagya Jala Nigama … on 28 August, 2009

Karnataka High Court
Sri D Y Uppar S/O. Sri Yenkappa vs Krishna Bhagya Jala Nigama … on 28 August, 2009
Author: Mohan Shantanagoudar
THE HON'BLE MRJUSTICE MoHA%xr}%sHeANrA:q.A(7ok§:pAg%1'




wan pE___3;_;noN Nos7246-.724?'/2_ OO9    %  %

Between :


D.Y. Uppar

S/0 Yenkappa

Aged about 60 years
R/a NO.148/6~1*V V 

5"' Cross, R}\/I:'«*'F}xt _¥':nsi=on g --.
Sadashivanagar 5j   ~  _  _  ; .
Banga1ore--1560_.-"080. ' .  ._ 

G. Shankar  ' H _ 
S/0 Sdmashekar -~ % ». V _
Aged ab0ut"50 ye.at'Sj. V' _ 2 
Shamilli Tr1._1st,AfI1ba3i Pafiii

Udupi..-- 576" 1.03'. -  ..Petit;'.oners

  (By &Sfyi----.I:'2a:xI"iva1*::1&1a Ku:1§ar'.V Sr. Counsel
'for N'a.ga1'aja  _N~ai_du, Adv. ,)

V .1.

K1~i'éhnaV.}3héi'gya Jala

   Nigama Niymnitha
N   Pep byits Managing Director
 RWLE). Annex, K.R. Circie

"E3a1;ga10re--560 001.

2. The Chief Engineer
Krishna Bhagra J aia
Nigama Niyamitha
Canal Z0ne--2, Kembhavi
Sharapur T aluk
Gulbarga District.

3. Executive Engineer 
Krishna Bhagra Jala
Nigama Niyamitha
Kembhavi. IBC Division
No. 1, Surpura Taluk
Gulbaga District.

4. Karnataka Bank Ltd., 2 
Rep by its Manager ' '
Bijapur--586 101; VVVV _

(By Sri M.R.C. R;;vi',"ji{s;§iv., far 133';    R. 

Sri Y.V. Parthasa'I'a_tiii.i.;{§idx'.,:, R4}  V

These Writ Petitipiis arefiled under Articles 226 8: 227 of
the Constitution of  praying to quash the impugned order
dated 11-2-2009 passedb3r.'t'i:e R2 vide Annexure--K and quash
the impugned 1ette1*s.i'ss1ied"'by the R3 to the R4 on 28--8--2008

 Vvide Aninexure-E anal' F respectively.

.2 '2,'i'hese..W1;itvPetitions coming on for orders this day, the

'CQuijt_n'1ac::ie_gti1e'follnvving :


‘i”1?…eV”‘c:-;1″<h:ier vide AnneXure–'K' dated 11.2.2009 passed

2nd responden.t–C]:1ief Engineer, Krishna bhagya


Jala Nigama Niyamitha, is called in question in these writ

2. At an earlier point of time, the petitionsersghad
approached this Court by filing _

No.1 1816/2008 (GM-TEN) for aimost.s_i’n1i1_%’reiiefs’;’ M”


said writ petition was disposed as



Petitioners herein» «a_are_ permitted

their additional reply: uV(:Lf£_I11 __represe’n_tat3Eon
in pursuanciepfof fthe. ” « . otificatiori

Communications August

and B within a

from the date of

receiptief this order.

The secondrespondent herein is directed

, ‘to-re-ceive the same and pass appropriate
1 accordance with law, after

v_.–a’ff(3’irding reasonable opportunity to

~ vrpetitioners 1 and 2 and dispose of the

H same, as expeditiously as possible, at any

rate, within a period of eight Weeks from


_ 4 _
the date of receipt of additional reply cum

representation from the petitioners;

(iii) Ti}! such a decision is taken on meri’ts.,:””-._

the respondents 2 and 3 herein”r”areV:—-,:

directed not to give effect to _

and P, both dated 28* August ,2’o0a’?’iV:r

In pursuance to the said order; petit’ioners

additional representations as A1gne§§ures’–‘:’H’:’f,and ‘J’
dated 31.12.2008 and “~-respectively. In the
said representations, ‘raised number
of grounds. fl” calied for the
meeting 3 the representatives were

present, he ‘has not the order in accordance with

law, inasmuch as,..the ‘order in question does not assign

“ade:quate.,Vrea’s,ons for coming to the conclusion. In one

2nd respondent has come to the

Conclusion. Since the impugned orders are not speaking

as the 2nd respondent has not answered D the


____”points raised by the petitioners, the matter needs to be


_ 5 _
sent back to the 2901 respondent for taking fresh decision.

Accordingly, the following order is made :

The order Vide Annexure~’K’ dated 29. 1.2009:

by the 2100′ respondent, stands quashed.

respondent shall decide the matter”fire.sh”_Ainithe’.Eight.» or,

the observations made in Writ

within eight Weeks from the datetgiiof receipt of this V

order. It is needless to .oibs_erved”that[4petitioners should

be heard in the matter. vthe__’_’..interim order

granted by this will ».

. . . . . ‘



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