IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.29637/2019(LB-RES) BETWEEN:
SRI. P.D. VARGHIS S/O DEVASIA AGED ABOUT 54 YERAS RESIDING AT BUKARI COLONY SHIROOR VILLAGE, BYNDOOR TALUK UDUPI DISTRICT, KARNATAKA-576228 ... PETITIONER (BY SRI.SHRIHARI K ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY PANCHAYATHRAJ DEPARTMENT VIKASA SOUDHA DR.B.R. AMBEDKAR VEEDHI BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI-576228.
3. THE ASSISTANT COMMISSIONER KUNDAPUR SUB DIVISION KUNDAPURA-576201.
4. PANCHAYATH DEVELOPMENT OFFICER SHIROOR VILLAGE PANCHAYATH KUNDAPURA TALUK UDUPI DISTRICT-576228.
5. SMT. KUSUMA MOGERA D/O PADMAVATHI MOGERA R/AT ULIBAIL HOUSE SHIROOR VILLAGE BYNDOOR TALUK UDUPI DISTRICT-576228.
... RESPONDENTS (BY SRI.M.A. SUBRAMANI, HCGP. FOR R1-R3, SRI. K.PRASANNA SHETTY, ADV. FOR R4, SRI. N.MAHALINGA BHAT, ADV. FOR R5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-2, DEPUTY COMMISSIONER TO TAKE ACTION AS PER LAW ON THE REPRESENTATION DATED 20.06.2019 FILED AS ANENXURE-D AND ALSO DIRECT THE RESPONDENT-4 TO TAKE ACTION IN ACCORDANCE WITH LAW AS PER THE REPRESENTATION UNDATED BUT RECEIVED BY THE RESPONDENT-4 FILED AS ANNEXURE-A TO THE WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petition, the petitioner has sought for the following relief:
“Wherefore, the Petitioner named above humbly prays that the Hon’ble Court may be pleased to issue a Writ of Mandamus directing the Respondent No.2, Deputy Commissioner to take action as per law on the representation dated:20.06.2019 filed as Annexure-D and also direct the Respondent No.4 to take action in accordance with law as per the representation undated but received by the Respondent No.4 filed as Annexure-A to Writ Petition and issue such other Writ or Order on the fact and circumstances of the case, in the interest of justice and equity.”
2. The learned counsel appearing for the petitioner has drawn the attention of this Court in respect of Annexure-C dated 24.5.2019 whereby the Panchayat has initiated proceedings against the respondent No.5 under Section 64(4) of the Karnataka Panchayat Raj Act, 1993. Since, the respondents have not completed the proceedings, the petitioner has sought for consideration of his representation in accordance with law.
3. The learned counsel appearing for the respondents submitted that pursuant to Annexure-C, the respondents have conducted the spot inspection. If reasonable time is granted, they would obtain the inspection report and pass orders in accordance with law.
4. In view of the submissions made by the learned counsel appearing for the parties, the writ petition is disposed of. The respondents are directed to consider the representation of the petitioner vide Annexure-A in accordance with law within four weeks from the date of receipt of copy of this order.
Sd/- JUDGE DM