STATE OF KARNATAKA Vs. MALLIKARJUN SHIVALINGAYYA HIREMATH

JUDGEMENT

(1.) By consent of learned Counsel appearing on both sides, the writ petition is heard on merits and is being disposed of by this order.

(2.) This writ petition by the State of Karnataka is directed against the order dated 2-9-2006 (Annexure-D) passed in Execution Petition No. 616 of 2004. The execution petition was filed to execute the judgment dated 13-8-2003 passed by the Educational Appellate Tribunal, Belgaum ("EAT" for short) in K.P.E.I. Appeal No. 1 of 1995. Grievance of the petitioner is that in the absence of any liability fixed on it in the aforesaid judgment to pay the amount due to deceased Sri Mallikarjuna Shivalingayya Hiremath who was working as Head Master with respondent 2- Institution, the Executing Court has erred in law in making the petitioner also liable to pay the amount. However, this submission is contested by the learned Counsel appearing for the respondents.

(3.) A perusal of the aforesaid observations would clearly indicate that respondent 2 herein has to first pay the amount due under the judgment and after making the payment, it is at liberty to seek for reimbursement from the State Government if the required grant was riot provided to it. Hence, the impugned order fixing the liability on the petitioner is liable to be set aside. Accordingly, I make the following order: The impugned order dated 2-9-2006 insofar as it relates to making the petitioner also liable to pay the amount of Rs. 8,01,640/- is set aside. The writ petition stands disposed of accordingly. In view of disposal of the writ petition, Misc. W. Nos. 60197 of 2010 and 61508 of 2009 also stand disposed of. , Petition disposed of. Ordered accordingly.