DODDEGOWDA Vs. DIVL COMMR MYSORE

JUDGEMENT

(1.) Before the case was taken up for hearing it was noticed that the Assistant Commissioner, Mysore Sub-Division, Mysore, who had passed the order dated 22-3-73 in case No. VPA. 1/71-72, the validity of which had been assailed by the petitioner, had not been impleded as a party respondent and there was no specific prayer made for quashing the said order. Sri B. T. Pa thasarathy, learned counsel for the petitioner submitted that the petitioner had not impleaded the Assistant Commissioner, Mysore Sub-Division Mysore and had not specifically sought for quashing his order, dated 22-3-73 by over-sight. He therefore sought Cor my permission to implead the Assistant Commissioner as a party respondent and include a specific prayer to quash his order, dated 22-3-73. I have permitted Sri Parthasarathy to implead the Assistant, Commissioner as a party respondent and include specific prayer for quashing his order. Accordingly, he has effected the necessary amendments.

(2.) At my request Sri M. R. Suvarna, learned High Court Government pleader who is appearing for respondent No. 1, has taken notice for respondent No. 3. He is permitted to file his memo of appearance for respondent No. 3 within 15 days from this day. As agreed to by all sides, I have heard this writ petition on merits.

(3.) In this writ petition, under Art. 220 of the Constitution, the petitioner has challenged the order, dated 24-2-75 of the Divisional Commissioner, Mysore, in Case No. VPA. 42/72-73 (Exhibit 'C') reversing the order, dated 22-3-73 of the Assistant Commissioner, Mysore Sub-Division Mysore, in Case No. VFA-1/71-72 (Exhibit 'A')