IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.15433 OF 2019 (LB-RES) c/w WRIT PETITION No.15432 OF 2019 (LB-RES) c/w WRIT PETITION No.11088 OF 2019 (LB-RES) IN W.P.NO.15433/2019 BETWEEN:
SRI.N.RAMANNA, S/O NARAYANAPPA, AGED ABOUT 50 YEARS, SECRETARY BELAMARANAHALLI GRAMA PANCHAYAT,VEMGAL HOBLI, KOLAR TALUK AND DISTRICT – 563 133.
(BY SRI D.R.P. BABU, ADVOCATE) ... PETITIONER AND:
1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO THE DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S.BUILDING, BANGALORE – 560 001.
2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, KOLAR, KOLAR DISTRICT – 563 101.
3. THE EXECUTIVE OFFICER, KOLAR TALUK PANCHAYAT, KOLAR TALUK, KOLAR DISTRICT – 563 101.
4. THE PANCHAYAT DEVELOPMENT OFFICER, VEMGAL GRAMA PANCHAYAT, VEMGAL, KOLAR TALUK, KOLAR DISTRICT – 560 001.
...RESPONDENTS (BY SRI.M.A.SUBRAMANI, HCGP FOR R1;
SRI.M.NARAYANA REDDY, ADVOCATE FOR R2 TO R4) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 15.02.2019 PASSED BY THE R-2 VIDE ANNEXURE – A AND ETC., IN W.P.NO.15432/2019 BETWEEN:
SMT.K.C.SHALINI, W/O VIJAYKUMAR, AGED ABOUT 38 YEARS, PANCHAYAT DEVELOPMENT OFFICER, K.G.HALLI GRAMA PANCHAYAT, MALUR TALUK, KOLAR DISTRICT – 563 130.
AND:
(BY SRI D.R.P. BABU, ADVOCATE) 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO THE DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, ... PETITIONER M.S.BUILDING, BANGALORE – 560 001.
2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, KOLAR, KOLAR DISTRICT – 563 101.
3. THE EXECUTIVE OFFICER, KOLAR TALUK PANCHAYAT, KOLAR TALUK, KOLAR DISTRICT – 563 101.
4. THE PANCHAYAT DEVELOPMENT OFFICER, VEMGAL GRAMA PANCHAYAT, VEMGAL, KOLAR TALUK, KOLAR DISTRICT – 560 001.
(BY SRI.M.A.SUBRAMANI, HCGP FOR R1;
...RESPONDENTS SRI.M.NARAYANA REDDY, ADVOCATE FOR R2 TO R4) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 15.02.2019 PASSED BY THE R-2 VIDE ANNEXURE – A AND ETC., IN W.P.NO.11088/2019 BETWEEN:
SRI.K.R.KUMAR, S/O RAMAPPA, AGED ABOUT 42 YEARS, R/AT KURUBARAHALLI VILLAGE, VEMGAL POST AND HOBLI, KOLAR TALUK AND DISTRICT – 563 101.
... PETITIONER (BY SRI D.R.P. BABU, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO THE DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S.BUILDING, BANGALORE – 560 001.
2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, KOLAR, KOLAR DISTRICT – 563 101.
3. THE EXECUTIVE OFFICER, KOLAR TALUK PANCHAYAT, KOLAR TALUK, KOLAR DISTRICT – 563 101.
4. THE PANCHAYAT DEVELOPMENT OFFICER, VEMGAL GRAMA PANCHAYAT, VEMGAL, KOLAR TALUK, KOLAR DISTRICT – 560 001.
(BY SRI.M.A.SUBRAMANI, HCGP FOR R1;
...RESPONDENTS SRI.M.NARAYANA REDDY, ADVOCATE FOR R2 TO R4) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 15.02.2019 PASSED BY THE R-2 VIDE ANNEXURE – A AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER These writ petitions are directed against the order dated 15.02.2019 passed by the respondent No.2 vide Annexure-A.
2. The petitioners are Secretary and Members of the Grama Panchayath, Vemagal Grama Panchayath, Kolar Taluk. During their tenure they have discharged their duties very effectively in the interest of public. Some of the members of the grama panchayath have made representation before the respondent No.2 – The Chief Executive Officer, Zilla Panchayath, Kolar alleging that one Sri V.R.Shashi Kumar, has formed a lay out and he has carved 44 sites totally measuring 863 sq. mtrs. and in respect of which, e-Katha has been effected illegally without collecting development charges. Pursuant to the said complaint the respondent No.2 – CEO has passed the impugned order at Annexure-A dated 15.02.2019, directing the Executive Officer of the Taluk Panchayath to initiate criminal proceedings against the petitioners herein. Being aggrieved by the same the petitioners have filed these writ petitions.
3. Sri D.R.P. Babu, the learned counsel for petitioners submits that the impugned order is passed without jurisdiction. The Chief Executive Officer of Zilla Panchayath has no power to pass such an order even under Section 235 of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 (for short, ‘the said Act’). It is only the Taluk Panchayath, which has power to take any action. Hence, he sought for allowing the writ petitions.
4. Per contra, Mr. M.Narayana Reddy, the learned counsel for respondent Nos.2 to 4 – Zilla Panchayath and Mr. M.A.Subramani, learned High Court Government Pleader appearing for the respondent No. 1 – State have submitted that under the provisions of Section 235 of the said Act, they have sought for the sanction from the Zilla Panchayath and accordingly, by Annexure-A the Chief Executive Officer of the Zilla Panchayath granted the same. Hence, they sought for dismissal of the writ petitions.
5. Heard the learned counsel for parties.
6. The petitioners are the Secretary and Members of the Vemagal Grama Panchayath. There is a complaint lodged by some of the members of the said Grama Panchayath against the petitioners stating that the petitioners have effected e-khatha in respect of 44 sites measuring 863 sq. mtrs. illegally and without obtaining development charges. Pursuant to their complaint the respondent No.2 – Chief Executive Officer has issued the impugned order dated 15.2.2019 at Annexure-A.
7. Reliance has been placed on Section 295 of the said Act, 1993, which reads thus:
“ 295. Bar of suits, etc.– (1) No civil Court shall entertain a suit objecting to an assessment demand or charge made or imposed under this Act, or for the recovery of any sum of money collected under the authority of this Act, or for damages on account of any assessment or collection of money under the said authority, if the provision of this Act have been in substance and effect compiled with.
(2) No suit or other legal proceeding shall lie against a Chief Executive Officer or Executive Officer or Secretary or any other Officer of the Government or a Grama Panchayath or Taluk Panchayath or Zilla Panchayath or any member, officer, servant of agent of such Grama Panchayath, Taluk Panchayath or Zilla Panchayath acting under its direction in respect of anything done or purporting to have been lawfully done and in good faith under this Act or any rule, regulation, bye-law or order made thereunder except with the previous sanction of the Zilla Panchayath or such Officer as the Zilla Panchayath may specify.
(3) No suit or other legal proceeding shall lie against the Government in respect of anything done under this Act, or any rule, regulation or bye- law made thereunder.”
A plain reading of the above provision, it is very clear that to initiate any legal proceedings against the Chief Executive Officer or Executive Officer or Secretary or any other Official of the Government or Grama Panchayath or Taluka Panchayath or Zilla Panchayath acting under its direction in respect of anything done or purporting to have been lawfully done and in good faith under this Act or any rule, regulation, bye-law or order made thereunder except with the previous sanction of the Zilla Panchayath or such Officer as the Zilla Panchayath is necessary.
8. In view of the aforesaid provision, the Chief Executive Officer of Zilla Panchayath, Kolar has passed the impugned order as per Annexure-A dated 15.02.2019 and granted sanction under Section 295 of the said Act to initiate criminal action against the petitioners. Therefore, there is no error in the order passed by the respondent No.2. Accordingly, the writ petitions are dismissed. No order as to costs.
Sd/- JUDGE VK