IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22300 OF 2016 (GM-RES) BETWEEN:
BUDHA RURAL DEVELOPMENT SOCIETY SEESANDRA, KEMBODI POST KOLAR REP. BY ITS SECRETARY.
(By Mr. RAJASHEKAR H.M. ADV., (ABSENT)) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT M S BUILDING BANGALORE-560001.
… PETITIONER 2. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY SESHADRIPURAM BANGALORE-560020.
3. THE DISTRICT SOCIAL WELFARE OFFICER KOLAR DISTRICT KOLAR.
4. THE PRINCIPAL KITTUR RANI CHANNAMMA RESIDENTIAL SCHOOL SAMPATHANAGAR MALUR, KOLAR DISTRICT-563130.
… RESPONDENTS (By Mr. Y.D. HARSHA, LEARNED AGA FOR R1 & R3 Mr. NAGAIAH, ADV., FOR R2 & R4 (ABSENT)) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to direct the respondents to make the payment towards arrears of Bill amount in a sum of Rs.2,14,520/- (Rupees Two Lakhs Fourteen Thousand Five Hundred Twenty Only) as per letter dated 19-9-2015 produced at Annexure-P and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Rajashekar H.M., learned counsel for the petitioner.
Sri.Y.D.harsha, learned Additional Government Advocate for respondent Nos.1 and 3.
2. In this petition, the petitioner inter alia has prayed for the following reliefs:
(1) Issue, a writ of mandamus or any other writ directing the respondents to make the payment towards arrears of bill amount in a sum of Rs.2,14,520/- (Rupees Two Lakhs Fourteen Thousand Five Hundred Twenty only) as per letter dated 19.9.2015 produced at Annexure-P.
(2) direct, the respondents to pay interest on the amount due from the date of due till payment at 12% per annum.
(3) Issue, any other writ or direction that deems fit and necessary to meet the ends of justice.”
3. When the matter was taken up today, Sri.Y.D.Harsha, learned Additional Government Advocate submits that in case the petitioner submits a representation with regard to his claim, the claim of the petitioner shall be considered by a competent authority by a speaking order.
4. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with the liberty to the petitioner to submit a representation with regard to his claim before the competent authority and the competent authority is directed to adjudicate the same and decide the same, if not already decided, by a speaking order within a period of two months from the date of filing of such representation.
Sd/- JUDGE RV