IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1st DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.31216 OF 2019 (LB-ELE) BETWEEN:
Sri. Munisidda S/o Sri. Rangashetty Aged 38 years R/at Kurati Hosuru Kollegal Taluk Chamarajnagar District - 571 444.
And also the President Kuratti Grama Panchayath Kuratti Hosuru Grama Kollegal Taluk Chamarajnagar District-571444.
... Petitioner (By Sri. D.L.Jagadeesh, Senior Advocate for Sri. Rakshitha D.J., Advocate) AND:
1. The State of Karnataka Rep. by its Secretary Department of Panchayath Raj M.S.Building Bengaluru – 560 001.
2. The Assistant Commissioner Kollegal Sub-Division Kollegal Taluk Chamarajnagar District – 571 444.
3. Kuratti Grama Panchayath Represented by its Panchayath Development Officer Kuratti Hosuru Grama Kollegal Taluk Chamarajnagar District – 571 444.
4. Executive officer Kuratti Grama Panchayath Kuratti Hosuru Grama Kollegal Taluk Chamarajnagar District – 571 444.
5. Sri. Jadeya S/o Painimad Aged about 55 years 6. Smt. Hamsaleka D/o Nagaraju Aged about 28 years 7. Sri. Muniswamy S/o A.M.Muni Shetty Aged about 60 years 8. Smt. Kannamma D/o Thandava Aged about 65 years 9. Smt. Mahadevamma D/o Vasantha Kumar Aged about 50 years 10. Sri. Ravi S/o Mahadeeva Shetty Aged about 41 years 11. Smt. Lakshmi D/o Krishna Aged about 42 years 12. Sri. Mahadevappa S/o Mollappa Aged about 52 years 13. Smt. Chikkathayamma S/o Jadeya Aged about 65 years 14. Smt. Bhagya D/o Rajappa Aged about 38 years 15. Sri. Basavaraju S/o Gejje Gowda Aged about 46 years 16. Sri. Kandaswamy S/o Marimuttu Aged about 51 years 17. Smt. Bhagyamma D/o Mahadeva Aged about 52 years Respondent Nos.5 to 17 are Members of Kuratti Grama Panchayath Kuratti Hosuru Grama Kollegal Taluk Chamarajnagar District – 571 444.
...Respondents (By Sri. M.A.Subramani, HCGP for R1 & R2, Sri. Gopala Krishnamurthy C., Adv. for R5 to R7, R9, R11 to R13 and R15 to R17) This Writ Petition is filed under Article 226 of the Constitution of India, praying to quash the notice dated 15.07.2019 issued by respondent No.2 produced at Annexure-B to the writ petition and etc.
This Writ Petition is coming on for Preliminary Hearing, this day, the Court made the following:
O R D E R Heard learned counsel for the parties.
2. Sri. Gopala Krishnamurthy.C, learned counsel appearing for respondent Nos.5 to 7, 9, 11 to 13 and 15 to 17 has filed a memo dated 01.08.2019 seeking permission to withdraw the representation dated 15.07.2019 at Annexure-C for initiating the proceedings for No-Confidence motion. Annexure-B dated 15.07.2019 is issued pursuant to the said representation given by the respondents.
3. In view of withdrawal of Annexure-C dated 15.07.2019, Annexure-B dated 15.07.2019 does not survive for consideration. Accordingly, writ petition is allowed. Annexure-B is quashed.
All the contentions of the parties are left open.
Sd/-
JUDGE RB