IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31434 OF 2018 (GM-KSR) BETWEEN:
G KRISHNEGOWDA S/O GOPALAGOWDA, AGED ABOUT 48 YEARS THE PROJECT MANAGER, NIRMITHI KENDRA, KANDAVARA, CHIKKABALAPURA, CHIKKABALAPURA DISTRICT – 562 101.
… PETITIONER (BY SRI.PAPEGOWDA B, ADVOCATE) AND:
1. THE PRINCIPAL SECRETARY HOUSING DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER CHIKKABALAPUR DISTRICT, CHIKKABALAPURA – 562 101.
(BY SRI. V. SHIVAREDDY, HCGP) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 29.06.2018 AS PER ANNEXURE-A PASSED BY THE SECOND RESPONDENT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY THE COURT MADE THE FOLLOWING:-
ORDER Sri. Papegowda B., learned counsel for the petitioner.
Sri. V. Shivareddy, learned High Court Government Pleader for respondent Nos.1 and 2.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia has assailed the validity of the order dated 29.06.2018 as well as the order dated 07.07.2018 passed by respondent No.2.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is registered under the Karnataka Societies Registration Act, 1960, which does receive any Grant-In-Aid from the State Government and the State Government has no control over the affairs of the petitioner. It is also submitted that
4. The fact that neither any notice nor any opportunity of hearing was afforded to the petitioner before passing the impugned order has not been disputed by learned High Court Government Pleader.
5. In view of the submissions made and taking into account the fact that the impugned orders have been passed in flagrant violation of principles of natural justice, the impugned orders dated 29.06.2018 and 07.07.2018 are hereby quashed and set aside.
6. Needless to state that the respondents shall be at liberty to take action against the petitioner in accordance with law, if so advised.
Accordingly, the writ petition is disposed of with liberty as aforesaid.
Sd/- JUDGE Mds/-