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2015 DIGILAW 443 (KAR)

Shivaji v. State of Karnataka

2015-04-16

RAVI V.MALIMATH

body2015
ORDER : Ravi V. Malimath, J. 1. I.A. No. 1 of 2015 has been filed by respondents 4 and 5 seeking to vacate the interim order granted on 1-4-2015. Various contentions are urged with regard to the locus standi of the petitioner, the jurisdiction of the authorities to pass the orders etc. However, at the end, the learned Counsel submits that primarily since the writ petition has been filed on the ground that no opportunity was given to the petitioners to make out their case before the Regional Commissioner, the matter may be sent back to the Regional Commissioner by giving an opportunity to the petitioner and other interested persons. Learned Counsel for the petitioner has no objections for the same. The reasons assigned by the learned Counsel for the petitioners that they were not given adequate opportunity to make out their case before the Regional Commissioner is accepted. Hence it is just and necessary that they be heard before passing an order. 2. Under these circumstances, the impugned order of the Regional Commissioner dated 10-3-2015 in file No. 246:2014-2015 vide Annexure-C is quashed. The matter is remanded to the Regional Commissioner for a fresh disposal in accordance with law. He shall hear the petitioners and others concerned and also with reference to the provisions of Section 4(3) of the Karnataka Panchayat Raj Act, 1993 and thereafter to pass appropriate orders in accordance with law. Until such an order is passed, no further proceedings shall be initiated or continued. Petitioners to appear before the Regional Commissioner on 22-4-2015. On that day the Regional Commissioner to issue notices to all the concerned as aforesaid. The writ petition is disposed off accordingly. Disposed off.