IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 PRESENT THE HON'BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO. 287/2019 (LB-ELE) BETWEEN:
SMT. JANAKI BILLAVA, W/O KARUNAKAR POOJARY, AGED ABOUT 47 YEARS, SUSHMITHA NILAYA, HALAALIVE, KOTESHWARA, POST HANGALOOR-576217.
... APPELLANT/S (BY SRI./SMT : K. CHANDRANATH ARIGA, ADVOCATE) .
AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT & PANCHAYATH RAJ M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE ASSISTANT COMMISSIONER, KUNDAPURA SUB-DIVISION, KUNDAPURA -576201, UDUPI DISTRICT.
3. THE EXECUTIVE OFFICER, TALUK PANCHAYATH KUNDAPURA - 576 201 UDUPI DISTRICT.
4. THE PANCHAYATH DEVELOPMENT OFFICER, KOTESHWARA GRAMA PANCHAYATH, KOTESHWARA -576 222, UDUPI DISTRICT.
5. SMT. SHANTHA GOPALAKRISHNA MEMBER, GRAMA PANCHAYAT, KOTESHWARA 6. SRI.AVINASH SHETTY S/O SNATHOSH SHETTY AGED 28 YEARS.
7. SRI. GANESH DEVADIGA S/O KRISHNA DEVADIGA AGED 44 YEARS.
8. SRI. KRISHNA GOLLA S/O BACHHA GOLLA AGED 37 YEARS 9. SMT. VIMAL DEVADIGA W/O KALAPPA AGED ABOUT 39 YEARS.
10. SMT. ASHA W/O RAMACHANDRA AGED ABOUT 36 YEARS, 11. SMT. SHOBHA SHEDTHI W/O RAVI AGED ABOUT 31 YEARS.
12. SRI. SURESH SHETTY S/O SEENAPPA SHETTY AGED ABOUT 55 YEARS.
13. SMT. RANJITHA W/O K. UMESH, AGED 31 YEARS.
14. SMT. SAROJA W/O RAJU AGED 37 YEARS, 15. SRI. SATISH MOGAVEERA S/O BASAVA AGED 42 YEARS 16. SRI. SHEKARA MOGAVEERA S/O ANANTHA AGED ABOUT 47 YEARS 17. SMT MALATHI W/O SOMA AGED ABOUT 40 YEARS.
18. SRI. SURESH DEVADIGA S/O BACHHA DEVADIGA AGED ABOUT 40 YEARS 19. SMT SARASWATHI KAMATH W/O RAMAKRISHNA AGED ABOUT 50 YEARS.
20. SRI. NAGARAJ POOJARI S/O KUSHTA AGED 39 YEARS.
21. SRI. KRISHNA POOJARI S/O VENKAPPA AGED ABOUT 45 YEARS 22. SRI BHASKAR POOJARI S/O SEENA AGED 41 YEARS.
23. SMT. JYOTHI POOJARI W/O VIJAYA AGED ABOUT 38 YEARS 24. SRI. UDAYA NAYAK S/O RAMACHANDRA NAYAK AGED ABOUT 45 YEARS.
25. SMT. ABINAYA MOGAVEERA W/O RAMESH, AGED ABOUT 33 YEARS.
26. SRI. MAHABALA MOGAVEERA S/O SHEENA AGED ABOUT 45 YEARS.
27. SRI. DAYANANDA DEVADIGA S/O SHEENA AGED 42 YEARS.
28. SMT. SUMATHI CHITRANANDA PAI W/O CHITRANANDA PAI, AGED ABOUT 52 YEARS.
29. SMT. RAGINI DEVADIGA W/O BABU AGED ABOUT 54 YEARS.
RESPONDENTS 5 TO 29 ARE ALL RESIDENTS OF KOTESHWARA VILLAGE 576222 KUNDAPURA TALUK, UDUPI DISTRICT.
RESPONDENT/S THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO A) SET ASIDE THE ORDER DATED: 09/01/2019 IN WP NO. 56743/2018 IN SO FAR AS GIVING LIBERTY TO THE AUTHORITY TO PROCEED WITH THE NO-CONFIDENCE AND PERMITTING A FRESH MOTION OF NO-CONFIDENCE. B) ALLOW THE WP NO.56743/2018 [LB-ELE] C) ALLOW THIS APPEAL.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING ORDER.
ORDER Four weeks time is granted for compliance of office objections, failing which appeal shall stand dismissed without reference to the Bench.
Post the matter immediately after compliance of office objections.
Sd/- ACTING CHIEF JUSTICE Sd/- JUDGE TYPED BY: JAY COMPARED BY: JK READ BY: JK COPY SD/-
ASSISTANT REGISTRAR