IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.49140 OF 2019 ( LB-RES) Between:
Sri. C.M. Siddaraju S/o Mariyappa, Aged about 43 years, President of Hulikere Grama Panchayath, Srirangapatna Taluk, Mandya District – 571 428. …Petitioner (By Sri. Chandrashekar H.B., Advocate) And:
1. The State of Karnataka The Deputy Director/Under Secretary Of Panchayath Raj Development and Rural Department, Vikasa Soudha, Bengaluru – 560 001.
2. The Deputy Commissioner Mandya District, Mandya – 571 401.
3. The Chief Executive Officer Mysore Bangalore Road, Near D C Office, Mandya District – 571 401.
4. The Panchayath Development Officer Hulikere Village Panchayath, Hulikere Belegolo Hobli, Srirangapatna Taluk, Mandya District – 571 428.
5. The Executive Officer Taluk Panchayath, Srirangapatna Taluk, Mandya District – 571 428. …Respondents (By Smt. H.C. Kavitha, AGA) This Writ Petition is filed under Articles 226 and 227 of Constitution of India, praying to declare that the notice dated 06.09.2019 issued by respondent No.1 vide Annexure-F is illegal and quash the same and consequently drop the proceedings in GRAAAP/46/GRAAPPOM/A/2017 and etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER In the instant petition, petitioner has prayed for the following reliefs:
i) Declare that the notice dated 06.09.2019 bearing No.GRAAAP/46/ GRAAPPOM/A/2017, issued by the 1st respondent produced at Annexure-F is illegal and quash the same and consequently drop the proceedings in GRAAAP/46/GRAAPPOM/A/2017;
ii) Allow this petition with costs and iii) Grant such other reliefs as this Hon’ble Court deems fit to grant in the circumstances of the case.
2. Learned counsel for the petitioner has not disputed that the petitioner has appeared before the Competent Authority in terms of Annexure-F on 18.09.2019 and matter has been further posted to 15.10.2019.
3. What has been questioned is only for appearance of Enquiry notice. Thus, present writ petition is premature. Accordingly, petition stands disposed of.
Concerned respondent/Competent Authority is hereby directed to proceed in accordance with law, after giving due opportunity to the petitioner.
Sd/- JUDGE MBM