THE HON'BLE MRJUSTICE MoHA%xr}%sHeANrA:q.A(7ok§:pAg%1'
IN THE HIGH COURT OF KARNATAKA AT BANGALQRE
DATED THIS THE 283"" DAY OF AUGUST 2_Qc:9kek
BEFORE :
wan pE___3;_;noN Nos7246-.724?'/2_ OO9 % %
Between :
1.
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 :
ORDER
‘i”1?…eV”‘c:-;1″<h:ier vide AnneXure–'K' dated 11.2.2009 passed
2nd responden.t–C]:1ief Engineer, Krishna bhagya
V'/'\
Jala Nigama Niyamitha, is called in question in these writ
petitions.
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”
,.3.
said writ petition was disposed as
(1)
mi:
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
V’/f\.
_ 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
V?”
____”points raised by the petitioners, the matter needs to be
{M
_ 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 ».
. . . . . ‘
sal-
‘JUDGE
