IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.47370/2014 (LB-RES) Between:
Muniyappa, S/o Sriramappa, Aged about 46 years, Resident of Kembodi Village, Kembodi Post, Vadagur Grama Panchayath, Huthur Hobli, Kolar Taluk, Kolar District – 563 101. ... Petitioner (By Sri P. Dhananjaya D., Advocate) And:
1. The President, Zilla Panchayat, Kolar District, Kolar – 563 101.
2. The Executive Oficer, Kolar Taluk Panchayath, Kolar – 563 101.
3. The Secretary, Vadagur Grama Panchayath, Kolar Taluk, Kolar District – 563 101.
4. K.S. Srinivasappa, S/o Sriramappa, Aged about 41 years, Residing at Kembodi Village, Kembodi Post, Vadagur Grama Panchayath, Huthur Hobli, Kolar Taluk, Kolar District – 563 101.
... Respondents (By Sri M. Narayana Reddy, Advocate for R-1 to R-3; Sri Shrinath A., Advocate for R-4) ***** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 03.06.2014 passed by the Respondent No.1 in Appeal Case No.6/2013-14 vide Annexure-F, etc.
This Writ Petition coming on for preliminary hearing in ‘B’ Group, this day, the Court made the following:
O R D E R The petitioner has challenged the order dated 3.6.2014 at Annexure-F whereby the appeal filed by the 4th respondent against the allotment of House List No.157 of Kembodi Village, Vadagaru Gram Panchayath, Kolar District in favour of the petitioner, has been dismissed.
2. The 4th Respondent has challenged before the Adhyaksha Zilla Panchayat the order passed under section 269 of the Karnataka Gram Swaraj and Panchayat Raj Act 1993 hereinafter “the Act” whereby appeal of the 4th respondent was dismissed.
3. The 4th Respondent in his appeal before the Chief executive officer Taluk Panchayat had challenged the entry of Katha in the name of the petitioner herein.
4. It is to be noticed that Section 269 (2) of the Act provides that the order in appeal is final.
5. In the present case, the Appeal against the order dated 14.3.2012 has been preferred before the Adhyaksha Zilla Panchayat by invoking provision of Section 237 of the Act. In view of Section 269 (2) of the Act, the question of invoking Section 237 of the Act does not arise. Moreover, Section 237 of the Act operates in a different sphere and it is clear that power under Section 237 is not available to question an order passed under Section 269 of the Act.
6. Accordingly without entering into an adjudication as to the merits of the order dated 3.6.2014 the order at Annexure F is set aside as being one without jurisdiction. Contentions of the parties are kept open.
7. The counsel for the petitioner points out that a civil suit has been filed and pending in O.S.No.458/2011.
8. It is made clear that without expressing any opinion on the merits of the contentions raised, Annexure-F is being set aside only on the point that the Adhyaksha of the Zilla Panchayat has no jurisdiction to adjudicate the correctness of order under Section 269 of the Act.
9. Accordingly, the petition is disposed of subject to the above observations.
Sd/- JUDGE RS/* ct:mhp