IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.11921/2019(LB-RES) BETWEEN:
V.R. SANTOSH KUMAR AGE 35 YEARS OCC: AGRICULTURIST R/O NO.351, 5TH A CROSS M.RAMAIAH EXTENSION ATTUR MAIN ROAD YELAHANKA UPANAGAR BANGALORE-560 064.
... PETITIONER (BY SRI. HANUMANTHAPPA B HARAVI GOWDA, ADV.) AND 1. THE SECRETARY VADERHALLI NORTH DIVISION YELAHANK, BANGALORE-64.
2. THE PANCHAYAT DEVELOPMENT OFFICER VADERHALLI GRAM PANCHAYAT BANGALORE NORTH DIVISION YELAHANKA, BANGALORE-64.
3. THE TAHASILDHAR YELAHANKA BANGALORE NORTH TQ BANGALORE-64.
... RESPONDENTS (BY SRI. M.A. SUBRAMANI, HCGP. FOR R3, SRI.B.PRADEEP, ADV,. FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-2, 3 TO CONSIDE THE REPRESENTATIONS DATED:02.03.2019 VIDE ANNEXURE-U AND V WITH IMMEDIATE EFFECT WITHOUT ANY FURTHER DELAY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petitions, the reliefs sought by the petitioner is as follows:
“i) Issue a writ in the nature of mandamus directing the 2nd and 3rd respondents to consider the representations dated:02.03.2019 vide Annexure-U & V, with immediate effect without any further delay.
ii) Issue a writ or order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity."
2. Sri.Hanumanthappa, the learned counsel appearing for the petitioner submits that the petitioner has given representation on 2.3.2019 for change of katha. The said representation is still pending and the same has not been considered by the respondents.
3. The learned counsel appearing for the respondents submits that since the President of the Panchayat has resigned on 6.6.2019, now a new President has been Elected on 17.8.2019. To consider the representation, they have to place the representation/application before the Panchayat for consideration. If this Court grants reasonable time, the same will be considered in accordance with law.
4. In view of the submissions made by the learned counsel appearing for the parties, the writ petition is disposed of directing the respondent Nos.2 and 3 to consider the representation of the petitioner vide Annexures-U and V in accordance with law within a period of six months from the date of receipt of copy of this order.
Sd/- JUDGE DM