MADIVALAYYA HIREMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This matter infact was disposed of on 05.09.2019 with a direction to respondent Nos.2 and 3 to consider the representation at Annexure-C, dated 07.09.2018 and to take a decision in accordance with law in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of the order. However, on 11.09.2019, the matter was listed for "Being Spoken To". This court noticed that in identical circumstances, in W.P.No.203731/2017 and W.P.No.207792/2017, this court had dismissed the writ petitions. In that view of the matter, the order dated 05.09.2019 was recalled and the matter was restored to file.

(2.) Learned counsel for the petitioner submits that in W.P. No. 203731/2017 and W.P. No. 207792/2017, the prayer was to issue a direction to the respondents to pay outstanding bills of the petitioners who had undertaken works with the public works department. Learned counsel submits that in the present case, the petitioner is not seeking a prayer or direction to the respondents to pay the outstanding bills. The prayer is only to direct the respondents to consider the representation dated 07.09.2018 at Annexure-C. Therefore, learned counsel submits that the earlier order dated 05.09.2019 was appropriate and should not have been recalled.

(3.) Per contra, learned Additional Government Advocate submits that if a direction is given to consider the representation of the petitioner at Annexure-C, which is dated 07.09.2018, it may lead to opening the limitation and all other legal consequences.