SOMARADDI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) An order by which a sum of Rs.22,93,254.00 was ordered to be recovered by selling the assets of the deceased-petitioner is called in question in this writ petition.

(2.) It is the allegation of Zilla Panchayat that the deceased-petitioner had sold the water pipes and motors without obtaining appropriate permission and had gone on to sell the same illegally and this loss caused to the Panchayat was required to be recovered from the assets of the deceased petitioner.

(3.) It is however, the case of the deceased- petitioner that the pipes had been laid for supply of water but, the project was not completed and this had resulted in the villagers taking away the pipes installed illegally and selling the same. According to the deceased-petitioner, this act of the villagers prompted him to place the subject before the Panchayat for disposal of the pipes and for the utilization of the sale proceeds for the Panchayat and the Panchayat had passed a resolution in this regard on 11/6/2008. It is his further case that as per the said resolution of the Panchayat, the pipes and three motors were sold and the sum of Rs.67,000.00 that was realized was also spent on various works of the Gram Panchayat.