- 1 - HC-KAR NC: 2025:KHC-D:12590 WP No. 65171 of 2011 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 65171 OF 2011 (L-RES) BETWEEN: BASAVALINGAPPA S/O. LATE DODDABASAPPA, AGE: 54 YEARS, OCC: AGRICULTURIST, R/O: RANAJEETPUR, DONIMALE POST, TQ: SANDUR, DIST: BELLARY. …PETITIONER (BY SRI. S.M. KALWAD, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELLARY. 2. THE LABOUR INSPECTOR, SANDUR CIRCLE CUM ENQUIRY OFFICER, SANDUR, TQ: SANDUR, DIST: BELLARY. 3. THE VILLAGE ACCOUNTANT/TAHASILDAR, SANDUR, TQ: SANDUR, DIST: BELLARY. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 07/08/2010 MADE IN APPLICATION NO. KAANI: SAM/ BAKAKA/ KARPAS/CR/04/2006-07 PASSED BY THE 2ND RESPONDENT (VIDE ANNEXURE-E) AND CONSEQUENTIAL IMPUGNED RECOVERY NOTICE DATED 01/07/2011 ISSUED BY THE 3RD RESPONDENT (VIDE ANNEXURE-F) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:12590 WP No. 65171 of 2011 CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: a) Issue a writ in the nature of certiorari quashing the impugned order dated 07/08/2010 made in application no. PÁ¤:¸ÀA/¨ÁPÁPÁ/PÁ¥Àð¸ï/¹.Dgï/04/ 2006-07 passed by the 2nd Respondent (Vide ANNEXURE-E) and consequential impugned recovery notice dated 01/07/2011 issued by the 3rd Respondent (Vide ANNEXURE-F). b) Issue any other writ or direction as this Hon’ble court deems fit under the facts and circumstances of the case. 2. The relevant facts in nutshell leading to the present writ petition are that a notice dated 27.07.2006 (Annexure-A) was issued by the respondent No.2-Labour Inspector to the father of the petitioner alleging that in the establishment styled as “M/s.Doddabasappa Iron Ore Separation Plot” child labour was employed in contravention of the provisions of the Child Labour (Prohibition and Regulation) Act, 19861 and hence, the father of the petitioner was called upon to respond the same. It is further 1 Hereinafter referred to as “Act of 1986” - 3 - HC-KAR NC: 2025:KHC-D:12590 WP No. 65171 of 2011 case of the petitioner that though a private complaint in P.C.No.118/2006 was also instituted before the JMFC Court at Sandur with regard to the same allegation, the said proceedings have abated since the father of the petitioner died on 02.10.1999. It is further case of the petitioner that vide order bearing No.PÁ¤:¸ÀA/¨ÁPÁPÁ/PÁ¥Àð¸ï/¹.Dgï/04/2006-07 dated 07.09.2010 (mentioned as 07.08.2010 in the cause title), (Annexure-E to the writ petition) passed by the respondent No.2, the respondent No.2 has imposed compensation of ₹40,000/- against the petitioner and directed him to deposit the same with the District Child Labour Rehabilitation and Welfare Fund, Ballari consequent to which a recovery notice dated 01.07.2011 (Annexure-F to the writ petition) has been issued by the respondent No.3- Tahasildar. Questioning the order dated 07.08.2010 (Annexure- E) and the notice dated 01.07.2011 (Annexure-F), the present writ petition is filed. 3. Learned counsel for the petitioner vehemently contends that the notice has been issued against the father of the petitioner and no notice has been issued to the petitioner. It is further contended that neither the petitioner nor his father - 4 - HC-KAR NC: 2025:KHC-D:12590 WP No. 65171 of 2011 either owned or ran the establishment under the name and style “M/s.Doddabasappa Iron Ore Separation Plot” as alleged and that the father of the petitioner was an agriculturist. Hence, it is contended that a false case has been lodged against the petitioner. 4. Per contra, learned HCGP seeks to justify the order dated 07.09.2010 and seeks for dismissal of the writ petition. 5. It is forthcoming from the order dated 07.09.2010 that a notice was issued on 28.08.2010 fixing the date of appearance on 31.08.2010, subsequent to which the order dated 07.09.2010 was passed. It is further evident that the petitioner did not have an opportunity to contest the proceedings before the order dated 07.09.2010 was passed by the respondent No.2- Labour Inspector. 6. Although various allegations have been alleged on the merits of the matter, since the petitioner did not have an opportunity to put forth the said contentions before the order dated 07.09.2010 was passed by the respondent No.2-Labour Inspector, it is just and proper that the said order dated - 5 - HC-KAR NC: 2025:KHC-D:12590 WP No. 65171 of 2011 07.09.2010 as also consequent notice dated 01.07.2011 be quashed and set-aside and the petitioner be afforded with an opportunity to contest the matter. Hence, the following: ORDER (i) The writ petition is allowed. (ii) The order dated 07.09.2010 bearing No.PÁ¤:¸ÀA/ ¨ÁPÁPÁ/PÁ¥Àð¸ï/¹.Dgï/04/2006-07 (Annexure-E to the writ petition) passed by the respondent No.2 is hereby quashed and set aside. (iii) The notice dated 01.07.2011 (Annexure-F to the writ petition) issued by the respondent No.3- Tahasildar is also hereby quashed. (iv) The petitioner shall appear before the respondent No.2 on 29.10.2025 without the requirement of any further notice being issued in this regard. (v) The petitioner shall submit his response with necessary material in respect of his contentions - 6 - HC-KAR NC: 2025:KHC-D:12590 WP No. 65171 of 2011 before the respondent No.2-Labour Inspector on the date of his appearance, consequent to which the respondent No.2-Labour Inspector shall conduct further proceedings in accordance with law. (vi) All contentions raised by the petitioner in the present writ petition are kept open. Sd/- (C.M. POONACHA) JUDGE YAN CT-MCK List No.: 1 Sl No.: 13