Single judge quashed impugned order rejecting petitioner's request for withholding charges during conciliation due to its being a nonspeaking order, directing continuation of conciliation proceedings.
Impugned endorsement dated 13.03.2018 is quashed and respondents directed to continue conciliation proceedings within 15 days.
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WP No. 28211 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 28211 OF 2018 (GM-RES)
BETWEEN:
CHETAN TRAVELS, R/O NO. 2, CHIKKABAZAR ROAD, NEAR JYOTHI CAFE HOTEL, OPP: SHIVAJINAGAR BUS STAND, BANGALORE - 560 051. REPRESENTED BY PARTNER, SRI. ASHOK KUMAR M, AGED ABOUT 52 YEARS.
…PETITIONER
(BY SRI. S R HEGDE HUDLAMANE, ADVOCATE)
AND:
Digitally signed by MOHANKUMAR M Location: High 1. DEPUTY DIRECTOR Court of Karnataka UIDAI - AADHAR, TECHNOLOGY CENTER, AADHAR COMPLEX, TATA NAGAR, BENGALURU - 560 003.
WP No. 28211 of 2018
UIDAI - AADHAR REGIONAL OFFICE, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 009.
…RESPONDENTS
(BY SRI. ADITYA SINGH, CGC)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF FORFEITURE DATED 13.3.2018, AS PER ANNEXURE-G BY THE ISSUE OF WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT. DIRECT THE RESPONDENTS, TO MAKE THE PAYMENT OF RS.6,37,161.00 WITH INTEREST AT 18% PER ANNUM FROM THE DATE OF 1ST DEMAND, AS MADE ON 25.1.2017, AS PER ANNEXURE-C TO THE PETITIONER.
WP No. 28211 of 2018
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Challenging Endorsement at Annexure-G dated
13.03.2018 passed by respondent no.3, this writ petition is filed.
WP No. 28211 of 2018
impugned endorsement does not even refer to conciliation proceedings nor assigns any detailed reasons for rejecting petitioner's request. On above grounds, impugned order is sought to be quashed.
WP No. 28211 of 2018
proceedings. However, before expiry of 30 days period for conclusion of conciliation proceedings as provided under clause 9 of tender agreement, respondent has proceeded to pass impugned endorsement rejecting petitioner's request, that too without assigning any detailed reasons. Same ex facie would be arbitrary and calls for interference on ground of passing nonspeaking order.
WP No. 28211 of 2018
For early conclusion of above, respondents shall inform petitioner about date of conciliation within 15 days from date of receipt of certified copy of this Order.
With above observation, writ petition is disposed of.
Sd/JUDGE
MKM CT: BHK
1 issue framed by the court
Whether quashing of order declining extension of time limit is permissible on its own ground when the order is devoid of reasons and non-speaking.
Chetan Travels
Deputy Director, UIDAI - Aadhar Regional Office
Deputy Director, UIDAI
Assistant Director General (Admin), UIDAI - Aadhar Technology Center
Chief Executive Officer, UIDAI
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
