Disposed

The Adigond Tribal and v. the State of Karnataka

Karnataka HC1 Sept 2022WP/105447/2016

Case brief

AI extract

What is this about?

In this interlocutory order, the Writ Court directed the petitioner society to submit a detailed representation with particulars to establish its entitlement for funds. The court instructed respondent authorities to examine the representation and visit premises if required before taking a final decision.

What did the court decide?

Permitted petitioner to submit detailed representation; directed respondents to examine same and visit premises if required before final decision.

The Adigond Tribal and Vs the State of… — Public Procurement and Tenders | Karnataka HC (2022)

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WP No. 105447 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 105447 OF 2016 (EDN-GIA)

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BETWEEN:

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THE ADIGOND TRIBAL AND WEAKERS WELFARE AND EDUCATIONAL ASSOCIATION R/BY ITS PRESIDENT H.K. GIREDDI, AGE: 51 YEARS, OCC: SOCIAL WORKER, R/O: RANGANATH NAGAR, BANASHANKARI ROAD, BADAMI, DIST: BAGALKOT.

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(BY SRI M. L. VANTI FOR SRI VINAY S. KOUJALAGI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT AND PHYSICALLY HANDICAPPED AND SENIOR CITIZENS WELFARE DEPARTMENT, M. S. BUILDING, BENGALURU.

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DIRECTOR PHYSICALLY HANDICAPPED AND SENIOR CITIZENS WELFARE DEPARTMENT, PODIUM BLOCK

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…PETITIONER

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WP No. 105447 of 2016

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VISHVESHWARAYYA CENTRE, DR. B.R. AMBEDKAR VIDHI. BENGALURU-560001.

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DEPUTY DIRECTOR WOMEN AND CHILD WELFARE DEPARTMENT DISTRICT PHYSICALLY HANDICAPPED AND SENIOR CITIZENS DEVELOPMENT OFFICER, BAGALKOT, NAVNAGAR, BAGALKOT.

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CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, NAVNAGAR, BAGALKOT.

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…RESPONDENTS

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(BY SRI VINAYAK S. KULKARNI, AGA FOR R1-R3, SRI BHUSHAN KULKARNI, ADVOCATE FOR R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO:- ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER OR WRIT QUASHING THE ORDER DATED 09.03.2016 BEARING NO.Zi.Pa.Ba/AD-10/Ma.Ma.Ka/V.Ni.Di 332/2014-15 PASSED BY THE RESPONDENT NO.4 PRODUCED AT ANNEXURE – H IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR HEARING – INTERLOCUTORY APPLICATION THIS DAY, THE COURT DELIVERED THE FOLLOWING.

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WP No. 105447 of 2016

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ORDER

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The case of the petitioner is that, it is a society registered under the Karnataka Co-Operative Societies Act, 1959 and it is running an educational institution for deaf and dumb children and had requested release of funds from the respondent authorities under various schemes of the government. It is further submitted that in spite of certain recommendations from the authorities concerned, the respondent No.4 – Zilla Panchayat has refused release of funds illegally. Hence the instant writ petition is filed.

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Respondent No.4 has filed its objections and

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contend that petitioner’s society is a bogus society and the school as claimed to be run by the petitioner society is not in existence at all and in fact a criminal case is pending against the petitioner society for forging certain documents and misleading the authorities and for that reason it is prayed that the writ petition to be dismissed.

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WP No. 105447 of 2016

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The contention of respondent No.4 is

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contravened by the petitioner and the learned counsel for the petitioner submits that the criminal case against the petitioner has resulted in acquittal of the office bearers of the petitioner and that it is a genuine school and if given an opportunity would make a fresh representation to the authorities concerned including respondent No.4 and prove that it is entitled for release of money as claimed by it.

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The learned counsel for the respondent submits if the petitioner is going to prove its credentials by producing the relevant documents they would after examining the same and also after visiting the school of the petitioner if required would take appropriate decision in accordance with law. Hence, the following:

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ORDER

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i) The petitioner is permitted to give a detailed representation to the authorities with all the necessary particulars to show that it is entitled for funds as requested by it.

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WP No. 105447 of 2016

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ii) The respondents upon receipt of such representation shall examine the same in accordance with law and also visit the premises of the petitioner’s school if required and thereafter take appropriate decision in accordance with law as expeditiously as possible.

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Sd/JUDGE

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SSP

The Adigond Tribal and v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

The Adigond Tribal and v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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