IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE Writ Petition No.57982 of 2018 (gm-res) BETWEEN:
1. SRI GURURAJ RAO, S/O. LATE KUPPE RAO, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, R/O. HRB LAYOUT, RAICHUR.
2. SMT. SHARDA BAI, W/O. SRI GURURAJ RAO, AGED ABOUT 57 YEARS, OC: AGRICULTURE, R/O. HRB LAYOUT, RAICHUR.
3. SMT. VENKUBAI, W/O. LATE JAGANATH RAO, AGED ABOUT 60 YEARS, OC: AGRICULTURE, R/O. HRB LAYOUT, RAICHUR.
4. SHILPA, D/O. LATE GURURAJ RAO, AGED ABOUT 28 YEARS, OCC: HOUSEWIFE, R/O. HRB LAYOUT, RAICHUR.
5. SOWMYA, D/O. LATE GURURAJ RAO, AGED ABOUT 28 YEARS, OCC: HOUSEWIFE, R/O. HRS LAYOUT, RAICHUR.
6. SRI PURUSHOTHAM, S/O. GOVINDACHARYA, AGED ABOUT 74 YEARS, OC: AGRICULTURE, R/O. GAJAGARPET, RAICHUR.
7. SMT. JAYALAKSHMI G. W/O. SRI PURUSHOTHAM, AGED ABOUT 54 YEARS, OCC: HOUSE WIFE, R/O. GAJAGARPET, RAICHUR.
8. SHYMALA DEVI, W/O. LATE GOPAL RAO, AGED ABOUT 74 YEARS, OCC: HOUSE WIFE, R/O. GAJAGARPET, RAICHUR.
9. P. SUMADH, S/O. GOVINDACHARYA, AGED ABOUT 28 YEARS, R/O. GAJAGARPET, RAICHUR.
10. SAVITRI C.
W/O. C. PANDURANG RAO, SELF EMPLOYEE, AGED ABOUT 64 YEARS, R/O. GAJAGARPET, RAICHUR.
11. P. SRIDHAR, S/O. GOVINDACHARYA PANDRAPUR, SELF EMPLOYEE, AGED ABOUT 65 YEARS, R/O. GAJAGARPET, RAICHUR.
12. SMT. SATHY P. N., W/O. P. NARAYAN, AGED ABOUT 62 YEARS, R/O. GAJAGARPET, RAICHUR.
13. SRI MURALIDHAR SINGH, S/O. NARASINGH BHAN SINGH, AGED ABOUT 66 YEARS, RETIRED GOVT. SERVANT, GANGANIVAS ROAD, RAICHUR.
14. NIRMALA DEVI, W/O. MURALIDHAR SINGH THAKUR, AGED ABOUT 54 YEARS, HOUSE WIFE, GANGANIVAS ROAD, RAICHUR.
15. SANDHYA, D/O. MURALIDHAR SINGH, AGED ABOUT 46 YEARS, GANGANIVAS ROAD, RAICHUR.
16. T. VINAYA, D/O. MURALIDHAR SINGH, AGED ABOUT 25 YEARS, GANGANIVAS ROAD, RAICHUR.
17. T. PRANAYA SINGH, D/O. MURALIDHAR SINGH, AGED ABOUT 24 YEARS, GANGANIVAS ROAD, RAICHUR. … PETITIONERS (BY SRI ASHOK PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE - 560 001.
2. THE DEPUTY COMMISSIONER, RAICHUR.
3. M/S. VINI VINC, REP. BY THE OFFICIAL LIQUIDATOR, ADMIN. OFFICE #53/58, CHAKRAVARTI COMPLEX, V.V.PURAM, BANGALORE.
4. ASSISTANT COMMISSIONER, VINI VINC AUTHORITY, DODDABALLAPUR SUB-DIVISION, 5TH FLOOR, VISHVESHWARAYYA TOWER, AMBEDKAR VEEDHI, BANGALORE - 560 001. … RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE MONEY THAT THE PETITIONERS ARE ENTITLED TO AS PER THEIR RESPECTIVE DEPOSITS AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Ashok Patil, learned counsel for the petitioners.
Smt.Prathima Honnapura, learned Additional Government Advocate for respondent Nos.1 and 2.
2. Petition is admitted for hearing. With consent of the parties, same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, petitioners inter alia seek a writ of mandamus directing respondents to release the money.
4. When the matter was taken up today, learned counsel for the petitioners submit that petitioners be granted liberty to submit a representation and the respondents shall be directed to consider the representation which may be submitted by the petitioners. On the other hand, learned Additional Government Advocate fairly submitted that in case such a representation is submitted the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, writ petition is disposed of with a direction that in case the petitioners submit the representation within a period of two weeks from the date of receipt of a certified copy of the order passed today, the competent authority shall consider and decide the same by a speaking order within a period of three weeks from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, writ petition is disposed of.
Sd/- JUDGE PKS