STATE OF KARNATAKA Vs. SHANKARA GOUDA

JUDGEMENT

(1.) APPEAL by the State Government, who though formulated a scheme for felicitating the persons who had participated in the freedom struggle and such persons were to be given pension during the rest of their life and having conferred such a pension on the respondent in the year 1992, nevertheless unceremoniously without any opportunity cancelled the same on 17.03.2007, which order was successfully challenged by the person, (who had the benefit of pension till 2007), before the learned Single Judge questioning the order passed by the State Government whereby the petition was allowed. Questioning the order passed by the learned Single Judge, the present appeal by the State.

(2.) THE matter though has come up for orders regarding non-compliance and defective presentation nevertheless is looked into the merits of the appeal and Sri Adhyapak, learned Additional Government Advocate seeks some time to comply with the office objections and make presentation of the appeal proper and there is also a delay of 211 days in preferring this appeal and an application is filed, seeking condonation of delay along with two more applications, one for dispensation of typed copy of some annexures and yet another application for stay.

(3.) IT is for the illogical manner in which the order has been passed and that too a conclusion based on the Tahsildar's report, who it appears, had given the report based on the complaint made by some adverse persons. The learned Single Judge found it fit to be quashed.