IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT APPEAL NO.3904 OF 2019 (GM-RES) BETWEEN:
SRI H. RAMANJANEYA S/O LATE D.T. HANUMANTHARAYAPPA AGE: 65 YEARS OCC.: SPECIAL DEPUTY COMMISSIONER (RETIRED) BANGALORE URBAN DISTRICT NO.1128, 7TH CROSS, 9TH MAIN 7TH SECTOR, HSR LAYOUT BANGALORE - 560102 ... APPELLANT (BY SHRI DALWAI VENKATESH, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA BY SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDI BANGALORE – 560 001 2 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA AMBEDKAR VEEDI BANGALORE – 560 001 3 . THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE 4 . THE TAHASILDAR BANGALORE SOUTH TALUK KANDAYA BHAVAN BANGALORE (BY SHRI VIKRAM HUILGOL, HCGP) ---
... RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE ON 17/09/2019 IN THE WP NO.18871/2019 AND ALLOW THE WRIT PETITION AS PRAYED FOR AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellant and the learned High Court Government Pleader appearing for the respondents.
2. Sufficient cause is made out to condone the delay of 14 days. Delay in filing the appeal is condoned. Accordingly, I.A.No.1/2019 is allowed.
3. The appellant is the writ petitioner who filed a writ petition for challenging a Government Order dated 13th November 2018 authorising the Government Pleader of Bengaluru Urban District to file a suit against retired Government Officers for dereliction of duty.
4. The learned Single Judge has rejected the petition by the impugned order by observing that in fact, on the basis of the order dated 13th November 2018, a suit has already been filed.
5. The learned counsel appearing for the appellant invited our attention to the order passed by the Apex Court. The Apex Court had ordered the State Government to hold an enquiry against the Government Officers who were responsible for dereliction in duty in defending the suit filed by one Smt. Dhanalakshmamma. An Enquiry Officer was accordingly appointed and who submitted a report. The contention of the appellant is that he is no way connected with any default in defending the suit and in fact, nothing is found against him.
6. All that the order dated 13th November 2018 does is that it authorizes the Government Pleader to file a suit. The State Government, like any other litigant, has a right to file a proceeding in the Court of law. By a judicial order, the State Government cannot be prevented from taking recourse to the remedy of filing a civil suit. Moreover, in the present case, the suit has already been filed on the basis of the order dated 13th November 2018. The appellant can always defend the suit by raising all contentions that are available to him.
7. Hence, no interference is called for in the impugned order. Accordingly, the appeal is dismissed.
8. All the contentions are kept open.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN