atei this the t 3ay o Yun, 1998 Befr: Ti’ 3L’ YU iC2 .V, R VDBZIDhN Sri B ..Shankarapoa, s/o 1aray map e Ex-Pradhan, Mudlyanur Mandal Panchavat, r/o DevahalU, Kuruda-nalci Post, MulabagaJa raluk, oHr Dist, ..‘titionr (By Sr Ganol Redc 3 y, Advocate) —vs 1. The ?iila Prjshd, Kolar District, Kolar, by its Dv retay; 2. 3lock Development Officer, Muiabaciai Taluk, Muibaai; 3, The dmini$trtor, Mudiyanur andai Penchavat, Mudiyanur, Mulbaa1 Teluk • ,Resoondents (By On ‘. Nagarajaooa, AGA, fo R2; P1 and R3 served) it ttin is filed praying to 3ueh the irrtouOned or3er bearina No,CflP.S.OR,495/92—93 dated 16—3—1993 (Anncxue—), This ‘rtt otition 00mm.; on for ore1iminar-’ heartn in ‘3’ Oroup this day, the Court made the followino: — • , • 2 I 3 a ‘II ‘I ( I, r , 0 purçoae autoriced by th Ptandal Panc.hayat. Vt ha’ alsn contenled that such a direcion could not and ought not to have beer. issued without giving him an oopwtunity to expla r the matter. Hele h h* filed this petition and sought auashing of Annexure- ‘A’. 3. It is seen from Annexure A’ that the first respondent haa proceeded on the bans that there was misappropria’ion by the petitioner, merely on I- ua s,m4Lb flpat, wtIn.* ,.a.3i ua. a. I petitioner n the matter. Hence, the appropriate course open for the third respondent or hi5 succes3oT is to issue a notice tc the petitioner, calling upon I-am to explain the non-deposit Qf Ps 11.338 60 which I the sutje. t mittcr of Annexure ‘A’ and giving him an opportunity to show cause Sr. the matter. thereafter, if the third rebpondcnt i. •atisfied with tt’ cx lenat’c ,tw mctt ma b closed, under advice to the first respondent, If howav r the ti rd r spo dcit T [.1 succc.s*or is not satiafiecci with th.. explanation it ran proc. bed lodge a criminal complaint and/cr to take such actin i m / avci1b1v iiidei lab 7cr r covery of amount. w 4. In vew of thc abe hi petition is allowed in part r xure is quashed. Liherty is i eserved to thi d respondent to tak action as per pa i (3) abovs Sri Nagarajappa, learned ASA, is permitted to file his memo of appearance within six weeks. Sd! JUDGE *pj k/ujk