IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT APPEAL NO.899 OF 2019 (LB-ELE) BETWEEN:
C. PUSHPA AGED ABOUT 38 YEARS W/O V.K.RAVI ADHYAKSHA OF K. BETTAHALLI GRAM PANCHAYAT R/O VADDARAHALLI VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT-571 434 ... APPELLANT (BY SHRI N. MANOHAR, ADVOCATE) AND 1 . THE STATE OF KARNATAKA PANCHAYATH RAJ DEPARTMENT M.S.BUILDING DR. B.R.AMBEDKAR VEEDHI BENGALURU-560 001 BY ITS SECRETARY 2 . THE ASSISTANT COMMISSIONER PANDAVAPURA SUB-DIVISION PANDAVAPURA TALUK-571434 MANDYA DISTRICT 3 . K BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT REP. BY ITS PANCHAYAT DEVELOPMENT OFFICER 4 . SRI H.C. CHELUVARAJ S/O CHIKKA GOWDA AGED ABOUT 35 YEARS RESIDING AT HULKERE VILLAGE MEMBER OF K. BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 5 . SRI K.L. PRADEEP KUMAR S/O LOKESH AGED ABOUT 35 YEARS RESIDING AT K BETTAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 6 . SRI KARIGOWDA S/O NINGE GOWDA AGED ABOUT 53 YEARS RESIDING AT K BETTAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 7 . SMT. SAVITHA W/O NARAYANA AGED ABOUT 36 YEARS RESIDING AT K BETTAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 8 . SRI BASAVARAJ N S/O NANJA ACHARI AGED ABOUT 45 YEARS R/O CHAGASHETTIHALLI VIALLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 9 . SRI BOREGOWDA S N S/O NANJUNDA GOWDA AGED ABOUT 34 YEARS R/AT SHAMBOONAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 10 . SMT. JAYALAKSHMAMMA W/O SHEENA ACHARI AGED ABOUT 42 YEARS R/AT SHAMBOONAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 11 . SRI JAYAPRAKASH D M S/O MADA GOWDA AGED ABOUT 37 YEARS R/AT DAMUDAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 12 . SRI GOPAL S/O CHIKKASWAMY AGED ABOUT 48 YEARS R/AT DAMUDAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 13 . SMT. JYOTHI W/O MURALIDHAR AGED ABOUT 34 YEARS R/AT DAMUDAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 14 . SRI LOHITH W/O ANKAIYA AGED ABOUT 30 YEARS RESIDING AT BETTAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 15 . SMT. ANITHA W/O GOPAL AGED ABOUT 43 YEARS RESIDING AT K BETTAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 16 . SMT. MARIYAMMA W/O SHIVA NAYAK AGED ABOUT 40 YEARS RESIDING AT VADDARAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 17 . SMT. VANAJAKSHI W/O MOHAN KUMAR AGED ABOUT 30 YEARS RESIDING AT VADDARAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 18 . SRI V.S.SURESH S/O SWAMY GOWDA AGED ABOUT 28 YEARS RESIDING AT VADDARAHALLI VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 19 . SMT. MANGALAMMA W/O NAGESH AGED ABOUT 39 YEARS RESIDING AT HULKERE VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT 20 . SRI YOGESH S/O MUNCHA GOWDA AGED ABOUT 30 YEARS R/AT HULKERE KOPPALU VILLAGE MEMBER OF K.BETTAHALLI GRAM PANCHAYAT KASABA HOBLI PANDAVAPURA TALUK-571 434 MANDYA DISTRICT ... RESPONDENTS (BY SHRI I THARANATH POOJARY, AGA FOR R-1 & R-2; SHRI VIVEK S. REDDY, SENIOR COUNSEL FOR SHRI K.N. SUBBA REDDY, ADVOCATE FOR C/R-4 TO R-18; R3, R19 & R20 ARE SERVED) ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 06/03/2019 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. 56397/2018(LB-RES) AND ALLOW THE WRIT PETITION AND ETC.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The contention of the learned counsel appearing for the appellant is that before the learned Single Judge, the notice issued by the Assistant Commissioner was assailed on the ground of violation of sub-section (2) of Section 49 of the Karnataka Gram Swaraj and Panchayath Raj Act, 1993. However, we find that in paragraph 3 of the impugned order, the learned Single Judge has reproduced the submissions made by the petitioner in which, there is no reference to the contention which is sought to be raised in the appeal. If according to the case of the appellant, a ground was actually urged during the course of the arguments before the learned Single Judge and the same is not considered, the remedy of the appellant is to file an appropriate application before the learned Single Judge. We, therefore, decline to entertain this appeal and the same is disposed of.
2. However, it is open for the appellant to file an appropriate application before the learned Single Judge in accordance with law.
The application for interim relief does not survive and the same is disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN