IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.55888/2017 (LB-RES) Between:
Krishnappa T.C. S/o. Chowdappa, Aged about 67 years, Residing at Thummanahalli Village, Kasaba Hobli, Thippenahalli Post, Sidlaghatta Taluk, Chikkaballapura District – 562 105. ... Petitioner (By Sri. R.D. Renukaradhya, Advocate) And:
1. State of Karnataka, Represented by its Principal Secretary, Department of Rural Development and Panchayat Raj Act, Vikasa Soudha, Bengaluru – 560 001.
2. Chief Executive Officer, Taluk Panchayat, Shidlaghatta Taluk, Chikkaballapura District – 562 105.
3. Panchayat Development Officer, Thummanahalli Gramapanchayat, Shidlaghatta Taluk, Chikkaballapura District – 562 105.
4. Smt. Sunandamma, W/o. Venkateshappa, Aged about 56 years, Residing at Thummanahalli Village, Kasaba Hobli, Shidlaghatta Taluk, Chikkaballapura District – 562 105. ... Respondents (By Sri. M.A. Subramani, HCGP for R1;
Sri. J.N. Naveen, Advocate for R2 and R3; Sri. P.V. Chandrashekar, Advocate for R4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 22.06.2017 passed by the R-2 vide Annexure-K and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER Sri. J.N. Naveen, learned counsel states that he has filed vakalath on behalf of respondent Nos.2 and 3.
2. The petitioner is a recipient of a free site measuring East to West-22 feet and North to South-24 feet, which is said to have been granted on 30.07.1986. Petitoner has challenged the order at Annexure-K dated 22.06.2017 stating that the order at Annexure-K has been passed without impleading the petitioner as a party to the said proceeding.
3. By virtue of the order at Annexure-K dated 22.06.2017, the appeal filed by respondent No.4 came to be allowed directing the entry of the name of respondent No.4 and deletion of the name of the petitioner.
4. The relevant facts being that petitioner had sought for necessary entry of khata and by way of resolution dated 16.07.2008 at Annexure-B the application of the petitioner was ordered to be kept in abeyance. Subsequently, once again the Gram Panchayat by a resolution dated 09.03.2016 at Annexure-D has taken up the matter for consideration and has directed cancellation of the entry in the name of respondent No.4 and directed the petitioner’s name to be entered in the relevant records.
5. The said matter was taken up in appeal by respondent No.4 contending that the resolution at Annexure-D dated 22.06.2017 is illegal insofar as once a resolution is passed to keep the matter in abeyance as per the resolution at Annexure-B, the question of reconsidering the same without notice to respondent No.4 herein is illegal. The said appeal has been allowed, the resolution at Annexure-D has been set-aside. The said order has been challenged by the petitioner herein stating that he was not a party to the appeal proceedings, whereby the resolution at Annexure-D has been set-aside.
6. On perusal of the resolution at Annexures-B and D, it is clear that if respondent No.3 were to take a different stand as regards the application submitted by the petitioner, contrary to the resolution at Annexure – B the same could not have been made without notice to respondent No.4.
7. However, in an appeal proceedings at Annexure-K dated 22.06.2017 without arraying petitioner as a necessary party, order being passed was not a correct procedure to be adopted, however no purpose as such would be served by interfering with the order at Annexure-K dated 22.06.2017 as the order on merits is indeed correct.
8. It is however made clear that if the Gram Panchayat were to reconsider the resolution at Annexure-B, the same is left open to be considered by the Gram Panchayat after necessary notice to both the parties.
Subject to the above observations, this writ petition is disposed of noting that no interference as such is called for as regards Annexure-K dated 22.06.2017.
Sd/- JUDGE SJK