IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.48595 OF 2017 (GM-R/C) BETWEEN:
SHRI SHRI SHRI CHANDRASHEKAR SHIVACHARYA SWAMIGALU AGED ABOUT 55 YEARS, PRESIDENT OF JANGAMA MUTT OF GUTHALU VILLAGE, MANDYA TALUK AND DISTRICT, REPRESENTED BY ITS GENERAL POWER OF ATTORNEY HOLDER, SRI. D. K. SRINIVASA MURTHY, S/O. LATE PATEL KRISHNA MURTHY, AGED ABOUT 57 YEARS, C/O. JANGAMA MATTA, GUTHALU VILLAGE, GUTHALU MATT, MANDYA TALUK AND DISTRICT-571 401.
(BY SRI. SURENDRA KUMAR N, ADV.) AND:
1. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, MUZARAI DEPARTMENT, M.S. BUILDING, BENGALURU-560 001.
… PETITIONER 2. THE REGIONAL COMMISSIONER MYSURU DIVISION-570 001.
3. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA-571 401.
4. THE COMMISSIONER FOR ENDOWMENT AND CHARITABLE CHAMARAJPET, BENGALURU-560 018.
5. THE TAHSILDAR MANDYA TALUK, MANDYA-571 401.
… RESPONDENTS (BY SRI. V. SHIVAREDDY, HCGP FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 TO RELEASE BALANCE AMOUNT RS.1,22,05,302 (RUPEES ONE CRORE TWENTY TWO LAKHS FIVE THOUSAND THREE HUNDRE TWO ONLY) AT A STRETCH OUT OF `1,97,05,302 (RUPEES ONE CRORE NINETY SEVEN LAKHS FIVE THOUSAND THREE HUNDRED TWO ONLY) AS PER INTIMATION LETTER AND LETTER PRODUCED AT ANNEXURE-B AND C RESPECTIVELY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Surendra Kumar N., learned counsel for the petitioner.
Sri. V. Shivareddy, learned High Court Government Pleader for the respondents.
2. In this petition, the petitioner is seeking for a writ of mandamus directing the 4th respondent to release balance amount of `1,22,05,302/- at a stretch out of `1,97,05,302/- as per intimation letter and letter bearing No.DVS (1) 44/16-17 produced at Annexure B and C respectively.
3. When the matter was taken up today, learned counsel for the petitioner submitted that writ petition be disposed of with a liberty to the petitioner to file representation to the competent authority and the competent authority be directed to decide the same in accordance with law.
4. On the other hand, learned High Court Government Pleader for respondents submitted that in case such a representation is made by the petitioner, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made to the competent authority within a period of two weeks from the date of receipt of certified copy of the order passed today, the same shall be decided by the competent authority in accordance with law by a speaking order within a period of four months from the date of receipt of such a representation.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE Mds/-