1/4 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 30th DAY OF AUGUST 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.17587/2017 (LB-RES) Between:
Vandan Alfred Pinto S/o Alfonsis Legory Pinto Aged 30 years R/at. Kolambe, near Bajpe Mangalore, D.K. District-574142.
(By Mr. S. Rajashekar, Advocate) And:
1. Panchayat Development Officer Bajpe Village Panchayat Mangalore Taluk, D.K. District-575001.
2. Taluk Panchayath Mangalore Taluk, D.K. District-575001.
Rep. by its Chief Executive Officer.
…Petitioner 3. The President Bajpe Village Panchayat Mangalore Taluk, D.K. District-575001.
…Respondents (By Mr. T. Mohandas Shetty, Advocate for R1 & R3 R2 Served & unrepresented;
Mr. R. Ravi, Advocate for impleading Applicant in I.A.No.2/2017) **** This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to issue a writ of certiorari or any other appropriate writ or order quashing the order dated 18-04-2017 passed by the 2nd Respondent vide Tha.Pan.Mam/Ma/2/2017-18:MG Annexure-A and thereby set aside the decision taken by the 1st Respondent vide decision No.13/2017-18 vide Annexure-B & etc.
This writ petition coming on for Orders this day, the Court made the following:-
ORDER Mr. S. Rajashekar, Adv. for Petitioner Mr. T. Mohandas Shetty, Adv., for R1 & R3 Mr. R. Ravi, Adv., for impleading Applicant in I.A.No.2/2017 1. The petitioner, Vandan Alfred Pinto is aggrieved by the award of contract for collection of rents from the market on behalf of Bajpe Village Panchayat, Mangalore Taluk in favour of one Mr.Mohammad Nisar who has now filed an Application, I.A.No.2/2017 before this Court seeking impleadment in the present case since he was not originally impleaded by the present petitioner.
2. By Annexure A Communication dated 18/04/2017, the Executive Officer of the Taluk Panchayat, Mangalore has refused to entertain the Appeal filed by the present petitioner against the alleged award of contract in favour of the said person, Mr. Mohammad Nisar.
3. Having heard the learned counsels, this Court is satisfied that the Executive Officer of the Taluk Panchayat, Mangalore should hear both the parties and pass appropriate orders on merits in accordance with law on the said Appeal and he cannot refuse to entertain the said Appeal.
4. The impugned order Annexure A dated 18/04/2017 is accordingly set aside and both the parties are relegated before the said Executive Officer. They may appear before the said Authority in the first instance on 13/09/2017 and the said Authority is directed to pass appropriate orders on merits in accordance with law within a period of one month from that date. Accordingly, the present petition stands disposed of and consequently, I.A. also stands disposed of accordingly. No costs.
Sd/- JUDGE BMV*