SIDARAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH this matter is listed for preliminary hearing, since it could be disposed of on a short ground, Sri A. Padmanabhan, H. C. G. P. is directed to take notice on behalf of respondents. By consent the matter is heard on merits and disposed of by this order.

(2.) PETITIONER dug a well by availing loan from the 5th respondent Primary Co-operative Agriculture and Rural Development Bank, Athani. The well failed. In respect of failed wells and bore-wells, the Government has formulated a Scheme vide its orders dated 30-5-1984 and 6-3-1990 for payment of compensation. The petitioner applied for compensation under the said Scheme by producing all necessary documents. The Geologist has issued certificate as per Annexure-E certifying that the well dug by the petitioner has failed and recommended for payment of compensation. The Assistant Commissioner, Chikkodi, has also recommended for payment of compensation vide Annexure-F. However, by the impugned order at Annexure-G dated 22-4-1998 the Deputy Commissioner rejected the claim of the petitioner. On that basis, the petitioner was issued with the impugned endorsement at Annexure-H dated 10-11-2000 stating that since motor is fixed to the well dug by the petitioner, it is not possible to waive the loan in respect of the failed well. The petitioner was called upon to pay the principal and interest towards the loan within 7 days. Aggrieved by the same the petitioner has filed this writ petition seeking to quash the impugned order at Annexure-G and the Endorsement at Annexure-H.

(3.) I have perused the impugned order at Annexure-G. The Deputy Commissioner has referred to the report of the Assistant Commissioner and the documents and passed the impugned order without referring to the recommendation of the Geologist. For non-consideration of the said material document the impugned order at Annexure-G is bad in law and cannot be sustained.