TALUKA PANCHAYAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Having heard the learned counsel for the appellant, the delay of 77 days in filing the present appeal is condoned for the reasons given in the Date of order: 27.03.2018 WA 200264/2017 The Taluka Panchayat Sindagi Vs The State of Karnataka and others application supported by the affidavit. I.A.No.2/2017 is accordingly allowed.

(2.) The appellant-Taluka Panchayat, Sindagi who was respondent No.5 before the learned Single Judge has filed this intra-court appeal aggrieved by the order dated 05.04.2017 passed by the learned Single Judge allowing the Writ Petition No.201166/2017 (Subhaschandra S/o Chanabasappa Biradar vs. The State of Karnataka and others) filed by the Contractor (Subhaschandra) seeking the payments from the respondent-Taluka Panchayat for the work executed by him.

(3.) By the order under appeal, the learned Single Judge has only observed that the Taluka Panchayat being a sub-ordinate Government instrumentality, cannot go against the directions of the State Government contained in Annexure-D dated 18.06.2016 and Annexure-E dated 20.06.2013 to the Date of order: 27.02018 WA 200264/2017 The Taluka Panchayat Sindagi Vs The State of Karnataka and others effect that if the funds released by the Central Government under 13th Finance Commission Plan is exhausted for the works executed by the said Taluka Panchayat, the payments may be made out of the available State funds with them.