STATE OF KARNATAKA Vs. MALLIKARJUN P. E.

JUDGEMENT

(1.) In this intra court appeal under Section 4 of the Karnataka High Court Act, 1961 the appellant has assailed the validity of the order dated 25.11.2011 passed by the learned Single Judge by which the learned Single Judge has allowed the writ petition with a direction to the appellants herein to implement the government order dated 26.06.1999 and to extend all consequential benefits to respondent Nos.2, 4 and 5.

(2.) At the outset, learned Additional Government Advocate submitted that the appellants were not given an opportunity to file their objections to the writ petition and therefore, they were unable to raise a ground before the learned Single Judge that the government order dated 26.06.1999 in fact does not exist and the same has bee fabricated by respondent Nos.1 to 5. On the other hand, learned counsel for respondent Nos.2, 4 and 5 supported the order passed by the learned Single Judge.

(3.) We have considered the submissions made by learned counsel for the parties and have perused the record. Even though it has been recorded by the learned Single Judge in para 4 of the order that the government pleader has not chosen to file any statement of objections, however, in view of the first ground itself taken in the memo of appeal that the order dated 26.06.1999 has been forged by respondents in this appeal, in the facts of the case, we deem it appropriate to quash the order passed by the learned Single Judge and to remit the matter to the learned Single Judge for consideration afresh in accordance with law. Needless to state that the appellants herein shall file statement of objections within a period of four weeks from the date of receipt of the certified copy of the order passed in the writ petition. We request the learned Single Judge to decide the matter afresh in accordance with law.