E BHASKAR RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE INSTANT MATTER HAD BEEN LISTED FOR PRELIMINARY HEARING IN 'b' group. THE PETITIONER IS REPRESENTED BY SRI VIGNESWARA S. SHASTRY whereas, THE RESPONDENT 1-STATE AND ITS AUTHORITIES, THE RESPONDENT 2-DEPUTY COMMISSIONER AND THE RESPONDENT 3-ASSISTANT COMMISSIONER are REPRESENTED BY THE LEARNED ADDITIONAL GOVERNMENT ADVOCATE SRI B. MANOHAR.

(2.) IN FILING THE INSTANT WRIT PETITION, THE PETITIONER HEREIN HAD CHALLENGED THE ORDER PASSED BY THE RESPONDENT 3-ASSISTANT COMMISSIONER, copy AS AT ANNEXURE-D TO WRIT PETITION, ORDER DATED 19-5-1998 IN R. A. NO. 5 OF 1997-98 PASSED BY THE RESPONDENT 2rdeputy COMMISSIONER, COPY as AT ANNEXURE-G TO WRIT PETITION AND FURTHER THE CONSEQUENTIAL NOTICE dated 19-3-1999 ISSUED BY THE DEPUTY COMMISSIONER DEMANDING THE conversion FINE AND PENALTY, COPY AS AT ANNEXURE-H TO WRIT PETITION.

(3.) BEFORE PROCEEDING FURTHER, I FEEL THAT CERTAIN FACTS RELEVANT FOR THE purpose HAVE TO BE SET OUT AND THEY ARE AS FOLLOWS: that THE PETITIONER HEREIN AT THE FIRST INSTANCE HAD CHALLENGED THE endorsement DATED 28-5-1997, COPY AS AT ANNEXURE-E TO WRIT PETITION before THIS COURT IN W. P. NO. 15438 OF 1997 AND WHILE ALLOWING THE SAID writ PETITION, THIS COURT REMANDED THE MATTER TO THE RESPONDENT 2-DEPUTY COMMISSIONER TO HOLD FRESH ENQUIRY AND FURTHER TO PASS CONSIDERED order THEREON. THAT THEREAFTER, THE DEPUTY COMMISSIONER AFTER HEARING the PARTIES HAD PASSED THE IMPUGNED ORDER AT ANNEXURE-G TO WRIT PETITION, IN PASSING WHEREOF, WHILE DISMISSING THE REVISION HE HAD CONFIRMED the ORDER DATED 11-2-1997 PASSED BY THE ASSISTANT COMMISSIONER, IN issuance OF THE FURTHER DEMAND NOTICE AT ANNEXURE-H TO WRIT PETITION, the DEPUTY COMMISSIONER HAD ALSO DEMANDED A SUM TOTAL OF RS. 7,01,283/- TOWARDS CONVERSION FEE AND FINE.