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2025 DAILYLAW 16039 (KAR)

SRI V J SEBASTIAN v. THE STATE OF KARNATAKA

WP/11925/2019 · 2025-01-10

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:947 WP No. 11925 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11925 OF 2019 (LB-RES) BETWEEN: 1. SRI V J SEBASTIAN S/O V.S. JOSEPH, KODY HOUSE KOKKADA VILLAGE AND POST BELTHANGADY TALUK DAKSHINA KANNADA – 574 198. …PETITIONER (BY SRI CHANDRANATH ARIGA K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE PANCHAYAT DEVELOPMENT OFFICER KOKKADA GRAMA PANCHAYAT – 574 198 BELTHANGADY TALUK, DAKSHINA KANNADA. 3. SRI UMMAR PWD CONTRACTOR RESIDENT OF KOKKADA VILLAGE – 574 221 PUTTUR TALUK DAKSHINA KANNADA …RESPONDENTS Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka - 2 - NC: 2025:KHC:947 WP No. 11925 of 2019 (BY SMT. SPOORTHI V, HCGP FOR R-1; SRI S.K. ACHARYA, ADVOCATE FOR R-2; SRI SARAT CHANDRA BIFAI, ADVOCATE FOR R-3) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 NOT TO RELEASE ANY AMOUNT FROM THE FUNDS OF THE PANCHAYATH WITHOUT THE APPROVAL OF THE PRESIDENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for issuance of a direction to the Panchayath Development Officer not to release any amount from the funds of the Panchayath without the approval of the President. 2. It is stated in the petition that the petitioner was the President of a Kokkada Grama Panchayath and the attempts were being made to clear the bills of respondent No.3 without his concurrence. 3. In my view, having regard to the allegations made in the writ petition, it would be appropriate to direct respondent No.2 to consider the contentions raised - 3 - NC: 2025:KHC:947 WP No. 11925 of 2019 by the petitioner before any decision is taken to release the amounts in favour of respondent No.3. 4. It is needless to state that if the work has been entrusted to respondent No.3 without the concurrence of the Panchayath or in the procedure established by law, the Panchayath Development Officer, to take appropriate action in the matter. This writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 20