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.4174 OF 2019 (GM-PDS) Between:
The Chief Executive Officer VSSN, Alanahalli, Mysore Taluk, Mysore District, Represented by M. Nagarajappa, Pin Code.570 001. ... Petitioner (By Sri. H.C.Shivaramu, Advocate) And:
1. The Thasildar Mysore Taluk, Mysore District. Pin Code.570 001.
2. The Chief Executive Officer VSSN Society, Siddalingapura, Mysuru Taluk & District. ... Respondents Amended with the permission of the Court 04/02/2019 (By Smt.H.C.Kavita, HCGP for R1; R2-Absent) This Writ Petition is filed under Article 226 of the Constitution of India praying to quash the Official Memorandum dated 19.12.2018 issued by the respondent at Annexure-A.
This Writ Petition coming on for Orders, this day, the Court made the following:
O R D E R Mr. H.C.Shivaramu, learned Counsel for the petitioner.
Mrs.H.C.Kavitha, learned HCGP for the respondent No.1.
Learned counsel for the petitioner submits that he has served the hand summons on respondent No.2 and has filed the memo. The aforesaid memo is taken on record.
2. None has appeared on behalf of respondent No.2 despite service of notice.
3. In this writ petition, petitioner, inter alia, seeks for the following reliefs:
a) “Issue a writ of certiorari or similar writ, order or direction to quash the Official Memorandum dated 19.12.2018 issued by the respondent in No.CSD/CR/205-A/2018- 19 at Annexure-A;
b) Issue any other appropriate writ, order or direction to the respondent as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity."
4. When the matter was taken up today, learned counsel for the petitioner submitted that the Official Memorandum dated 19.12.2018 has been passed by the competent authority without affording any opportunity of hearing to the petitioner.
5. On the other hand, learned Government Pleader was unable to dispute the fact that no opportunity of hearing was afforded to the petitioner.
6. In view of the fact that the impugned Official Memorandum dated 19.12.2018 has been passed without affording any opportunity of hearing to the petitioner, the same is hereby quashed and set aside.
Needless to state that the competent authority shall pass fresh order in accordance with law after compliance of the principles of natural justice.
Accordingly, the petition is disposed of.
Sd/- JUDGE akc/-