IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE G.NARENDAR WRIT PETITION No.42421 OF 2017 (LB-RES) BETWEEN:
SMT MANJULA, W/O BABU B.S.
AGED ABOUT 40 YEARS, R/AT KYATANAHALLI VILLAGE, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571434. ... PETITIONER (BY SRI SANNE GOWDA S, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, MINISTRY OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, VIDHANA SOUDHA, BANGALORE-560 001, REPRESENTED BY ITS SECRETARY.
2. THE TALUK PANCHAYATH, PANDAVAPURA, PANDAVAPURA TALUK, MANDYA DISTRICT-571434, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
3. THE PRESIDENT, KYATANAHALLI GRAMA PANCHAYATHI, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571434.
4. KYATANAHALLI GRAMA PANCHAYATHI KASABAHOBLI, PANDAVAPURA TALUK MANDYA DISTRICT-571434 REPRESENT BY ITS P.D.O (PANCHAYATH DEVELOPMENT OFFICER) ... RESPONDENTS (BY SRI KIRAN KUMAR T.L, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE PROCEEDINGS INITIATED BY THE GRAMAPANCHAYATH OF KYATANAHALLI, AND ENDORSEMENT ISSUED BY THE PDO ON DTD 02.05.2016 AS PER ANNX-E AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This Court vide orders dated 18.01.2018 had granted two weeks time as a last opportunity for removal of office objections and the matter was directed to be list for preliminary hearing after two weeks. The petitioner has failed to comply with the office objections.
02. That apart, the learned Addl. Government Advocate submitted that the order impugned is the proceedings and endorsement issued by the Panchayat Development Officer vide Annexure-E to the writ petition and that an alternative remedy by way appeal to the CEO of the Taluk Panchayath is available.
03. The submission of the learned Addl.
Government Advocate is placed on record.
04. The writ petition stands dismissed with liberty to the petitioner to avail of the alternative remedy in accordance with law.
Sd/- JUDGE SJ