IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.18711 OF 2018 (GM-PDS) BETWEEN:
SRI.S.S.CHANDRASHEKAR GOWDA, AGED ABOUT 60 YEARS, S/O LATE PATEL SIDDE GOWDA, R/A B.C.HALLI VILLAGE AND POST, BANNUR HOBLI, T.NARASIPURA TALUK, MYSURU DISTRICT – 571 124.
(BY MR. SHIVARAMU H.C., ADV.) AND:
1. THE COMMISSIONER, FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BANGALORE – 560 001.
2. THE DEPUTY COMMISSIONER (BDA), MYSURU DISTRICT, MYSURU – 570 001.
3. THE TAHSILDAR, T.NARASIPURA TALUK, MYSURU DISTRICT – 571 124.
(BY MR. V.SHIVAREDDY, HCGP) - - -
… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.02.2018 PASSED BY THE 2ND RESPONDENT AT ANNEXURE – F AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. H.C. Shivaramu, learned counsel for the petitioner.
Sri. V. Shivareddy, learned High Court Government Pleader for the respondents.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. The petitioner inter alia has assailed the validity of the order dated 21.2.2018 passed by respondent No.2, namely, the Appellate Authority.
4. Though the impugned order is in vernacular language, learned Counsel for the petitioner has raised a contention that the impugned order is passed without affording an opportunity of hearing to the petitioner herein.
5. Learned HCGP, after going through the order, was unable to point out that any opportunity was afforded to the petitioner when the impugned order dated 21.2.2018 was passed.
6. Admittedly, the impugned order has been passed without affording an opportunity of hearing to the petitioner. Hence, the impugned order is hereby quashed and set aside. The Appellate Authority is directed to decide the appeal preferred by the petitioner by a speaking order after affording an opportunity of hearing within a period of six weeks from the date of receipt of certified copy of the order passed today.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE Cs CT-SN