CHANDRASHEKAR Vs. ADDL. DEPUTY COMMISSIONER, DHARWAD

JUDGEMENT

(1.) This writ petition is filed invoking Articles 226 and 227 of the Constitution of India praying this Court to issue a writ in the nature of certiorari or any other appropriate writ, order or direction and quash the letter/direction bearing No.M.S.C./CR/(Workman)/23/11-12 dtd. 3/2/2014 issued by the respondent No. 2 produced at Annexure-C, letter/direction bearing No.M.S.C./CR/Workman/23/2011-12 dtd. 25/4/2014 issued by respondent No. 3 produced at Annexure-E, letter/direction bearing No.Compt.Lok.BCD.677/2014 dtd. 16/5/2014 issued by the respondent No. 5 produced at Annexure-H and the letter /direction issued by the respondent No. 1 bearing No.RRC(R-12)/CR/01/2014-15 dtd. 2/6/2014 produced at Annexure-J and issue a writ in the nature of mandamus or any other appropriate writ, order or direction restraining the respondents for recovering the amount of compensation as arrears of land revenue pursuant to the order passed by the Commissioner for Workman's Compensation, Subdivision- 6, Bengaluru in WCA/F.C/CR/09/2008 produced at Annexure-A & A1 against the properties of the petitioner and grant such other reliefs as deemed fit in the circumstances of the case.

(2.) While seeking the above relief, it is contended that the wife and children of one Prakash filed a petition seeking compensation on account of death of her husband before the Workmen Commissioner for Compensation against M/s. Ambika Transport Company at No. 14/3 Shri Madeshwar Building in between 4th and 5th Cross, 2nd Main Road, Kalasipalayam Extension, Bengaluru. The Commissioner having considered the material, given an opportunity to both sides and awarded compensation of Rs.3,45,040.00 with interest at 12% on 27/8/2008 as per Annexure- A. the petitioner received recovery notice dtd. 6/6/2013 for recovery of amount of compensation awarded as per Annexure-A. Immediately, the petitioner herein has given representation on 10/7/2013 to the Special Tahasildar, (North Additional) Taluka Yelahanka, Bengaluru stating that he was not a party to the labour case and he is not liable to pay the compensation on as per Annexure-B. The recovery notice was issued to the petitioner on the ground that the name of his business and his brother are same. Respondent No. 3 directed respondent No. 4 to seize the Lorries of the petitioner and respondent No. 5 also issued a direction to respondent No. 2 to seize the vehicles of the petitioner and recover the compensation amount on 16/5/2014. Respondent No. 1 addressed a letter to respondent No. 4 to seize the vehicle of the petitioner and recover the compensation amount with interest on 2/6/2014 and documents of the same are referred as Annexures-C to E and also letter addressed to the Transport Commissioner by the Transport Officer is produced as per Annexure-F.

(3.) It is contended that the Ambika Transport Company was the owner of the said vehicle and produced copy of RC as Annexure-G. The petitioner also referred the document at Annexure-H dtd. 16/5/2014. Additional Registrar Enquiry, Karnataka Lokayukta Bengaluru addressed a letter to the Deputy Commissioner, Bengaluru Rural District. The letter addressed by the Deputy Commissioner is in terms of Annexure-J to the Tahasildar of the Dharwad. Annexures-K and L are the certificate of registration.