AFZALMIYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The learned Additional Government Advocate is directed to take notice for the respondents.

(2.) The petitioner who is unsuccessful in getting honorarium payable to him as Dalapathi is before this Court for the second occasion seeking writ of certiorari to quash the Endorsement dated 21.07.2015 in No.C-2/DCRB/Gu/2015 vide Annexure-G and Endorsement dated 27.07.2018 in No.C-2/DCRB/Ka/2018 issued by the third respondent vide Annexure-H and writ of mandamus directing the respondents to fix the honorarium payable to the petitioner in accordance with Rule 16-I of the Karnataka Village Defence Parties Rules, 1965, (for short 'the Rules') and also to sanction the arrears of honorarium payable to the petitioner from the date of his appointment as Dalapathi up to the date.

(3.) It is the case of the petitioner that he was appointed as Dalapathi under the Mysore Village Defence Parties Act, 1964 (for short 'the Act') on 15.09.1976 as per Annexure-A and he was maintaining law and order effectively and has controlled the incidents in the village and he was also informing the criminal activities to the concerned police with regard to his village. Thereafter, he made a request to the third respondent to fix the honorarium payable to him in accordance with the Rule 16-I of the Rules. The respondents have not fixed the honorarium. Therefore, the petitioner approached this Court in W.P.No.206803/2015. This Court after considering the entire material on record by an order dated 13.06.2017 allowed the writ petition and writ of mandamus came to be issued to the respondents to consider the representation of the petitioner and take a decision within a period three months from the date of receipt of copy of the said order.