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2012 DIGILAW 281 (KAR)

Nagesha v. State of Karnataka

2012-03-21

S.ABDUL NAZEER

body2012
ORDER S. Abdul Nazeer , J.—I have heard the learned Counsel for the parties. The 2nd respondent had issued an endorsement at Annexure-D, dated 5-10-2010 informing the petitioner that though he was granted contract for cultivation of fish in Muddana Gatta Kere as per the resolution dated 12-1-2010 passed by Kambadally Grama Panchayat, the Panchayat has decided not to collect any amount from the petitioner, in the meeting held on 17-9-2010. Hence, the lease amount for the year 2010-2011, which the petitioner has offered towards contract granted to him could not be accepted. 2. The petitioner has challenged the aforesaid endorsement by filing a writ petition in W.P. No. 39132 of 2010 before this Court. Though the notice was served in the said writ petition, respondents 2 and 3 have remained unrepresented. This Court has passed an order on 10-2-2011 quashing the endorsement and directing the panchayat to provide fair and reasonable opportunity to the petitioner before taking further action in the matter. In the course of the order, this Court has observed that the endorsement is unilateral in nature and it is opposed to the principles of natural justice. 3. Learned Counsel for the petitioner submits that in terms of the order of this Court in the aforesaid writ petition, the 2nd respondent has to accept the tender amount for the year 2010-2011 and permit him to continue the fishing activities as per the order at Annexure-A. 4. On the other hand, learned Counsel appearing for respondents 2 and 3 submits that, this Court has found fault with the endorsement at Annexure-D on the ground that it is unilateral in nature. This Court has further directed the 2nd respondent to provide an opportunity to the petitioner of being heard before taking any action in the matter. Accordingly, the Grama Panchayat passed a resolution on 12-4-2011 deciding to issue notice to the petitioner pursuant to the aforesaid order of this Court. A notice dated 15-4-2011 has been issued to the petitioner. A copy of the resolution has also been sent along with the notice. 5. It is clear from the materials on record that the endorsement at Annexure-D has been quashed by this Court by holding that it is unilateral in nature and is violative of principles of natural justice. The Panchayat was directed to provide the petitioner an opportunity of being heard before taking any action in the matter. 5. It is clear from the materials on record that the endorsement at Annexure-D has been quashed by this Court by holding that it is unilateral in nature and is violative of principles of natural justice. The Panchayat was directed to provide the petitioner an opportunity of being heard before taking any action in the matter. It is also clear that the Panchayat has passed a resolution dated 12-4-2011 deciding to issue notice to the petitioner pursuant to the order of this Court. The notice dated 15-4-2011 has already been issued to the petitioner. In W.P. No. 39132 of 2010, this Court has not directed the respondents to continue with contract or to accept the tender amount for the year 2010-2011. Therefore, directing the 2nd respondent to accept the tender amount and to continue the contract does not arise. Accordingly, the writ petition is dismissed. At this stage, learned Counsel for the petitioner submits that the respondents may again be directed to furnish a copy of the resolution dated 12-4-2011 and also a copy of the notice dated 15-4-2011 to enable the petitioner to file his objections. The submission of the learned Counsel for the petitioner is accepted. The 2nd respondent is directed to furnish a copy of the resolution dated 12-4-2011 and also a copy of the notice dated 15-4-2011 to the petitioner within two weeks from the date of receipt of a copy of this order. Petitioner is granted two weeks time from the date of receipt of the resolution and notice for filing objections. The Grama Panchayat is directed to consider the objections and pass appropriate orders thereon, in accordance with law, within a period of four weeks from the date of receipt of the objections. In case, the petitioner fails to file objections within the period mentioned above, the Grama Panchayat is permitted to pass the orders in accordance with law. No costs.