IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.32952 OF 2019 (LB-ELE) Between:
Smt. Venkatalakshmamma W/o. Hanumanthaiah Aged about 47 years President Sompura Gram Panchayath Nelamangala taluk-562 111 Bangalore Rural District. …Petitioner (By Sri. G.S. Balagangadhar, Advocate) And:
1. The Assistant Commissioner Doddaballapura Sub-Division Doddaballapura- 561 203 Bangalore Rural District.
2. The State of Karnataka By its Secretary Department of Panchayatraj And Rural Development Vikas Soudha Bangalore-560 001.
3. The Panchayat Development Officer Sompura Gram Panchyat Nelamangala Taluk-562 111 Bangalore Rural District.
4. Sri D.C. Srinivasmurthy S/o. T. Channegowda Aged about 40 years Member of Sompura Gram Panchayath Ward No.1, Nelamangala Taluk-562 111 Bengaluru Rural District.
5. Smt. Jakeera W/o. Chand Pasha Aged about 38 years Member of Sompura Gram Panchayath Ward No.1, Nelamangala Taluk-562 111 Bengaluru Rural District.
6. Sri N. Shivakumar S/o. Nanjappa Aged about 38 years Member of Sompura Gram Panchayath Ward No.2, Nelamangala Taluk-562 111 Bengaluru Rural District.
7. Smt. Chandrakala W/o. Ramesh D.L. Aged about 40 years Member of Sompura Gram Panchayath Ward No.2, Nelamangala Taluk-562 111 Bengaluru Rural District.
8. Sri Chandrashekar S/o. Shivarudraiah Aged about 40 years Member of Sompura Gram Panchayath Ward No.3, Nelamangala Taluk-562 111 Bengaluru Rural District.
9. Smt. Prathiba Daughter of Mahadevaiah Aged about 40 years Member of Sompura Gram Panchayath Ward No.3, Nelamangala Taluk-562 111 Bengaluru Rural District.
10. Smt. Manjula S. W/o. Chandrashekar Aged about 38 years Member of Sompura Gram Panchayath Ward No.3, Nelamangala Taluk-562 111 Bengaluru Rural District.
11. Smt. Shabana Banu W/o. Syed Chand Pasha Aged about 40 years Member of Sompura Gram Panchayath Ward No.4, Nelamangala Taluk-562 111 Bengaluru Rural District.
12. Smt. Gowramma Wife of Chandrappa Aged about 40 years Member of Sompura Gram Panchayath Ward No.4, Nelamangala Taluk-562 111 Bengaluru Rural District.
13. Sri D. Ravindra S/o. Dasappa Aged about 38 years Member of Sompura Gram Panchayath Ward No.4, Nelamangala Taluk-562 111 Bengaluru Rural District.
14. Sri Devaraju S/o. Bettappa Aged about 38 years Pemmenahalli, Member of Sompura Gram Panchayath, Ward No.5, Pemmenahalli, Nelamangala Taluk-562 111 Bengaluru Rural District.
15. Smt. Manjula W/o. Kumar Aged about 38 years Pemmenahalli Vice President, Sompura Gram Panchayath Ward No.5, Pemmenahalli Nelamangala Taluk-562 111 Bengaluru Rural District.
16. Sri. Manjunath T.B. S/o. Basavaraj Aged about 38 years Thimmanayakanahalli Member of Sompura Gram Panchayath Ward No.6, Nelamangala Taluk-562 111 Bengaluru Rural District.
17. Sri Teertha Prasad S/o. Y.H. Prasad Aged about 41 years Yedehalli, Member of Sompura Gram Panchayath, Ward No.7 Nelamangala Taluk-562 111 Bengaluru Rural District.
18. Sri Y.S. Narasimha Murthy S/o. Narasimhaiah Aged about 40 years Yedehalli, Member of Sompura Gram Panchayath, Ward No.7 Nelamangala Taluk-562 111 Bengaluru Rural District.
19. Smt. Lakshmidevi G. W/o. Anjanmurthy Aged about 38 years Bharathipura, Member of Sompura Gram Panchayath, Ward No.8 Nelamangala Taluk-562 111 Bengaluru Rural District.
20. Smt. K.G. Indiramma W/o. R. Paramesh Aged about 40 years Nidavanda, Member of Sompura Gram Panchayath, Ward No.9 Nelamangala Taluk-562 111 Bengaluru Rural District.
21. Sri. Purushotham G. S/o. Gaggaiah Aged about 40 years Nidavanda, Member of Sompura Gram Panchayath, Ward No.9 Nelamangala Taluk-562 111 Bengaluru Rural District.
22. Sri. Anand Kumar N. S/o. Narasimhaiah Aged about 40 years Nidavanda, Member of Sompura Gram Panchayath, Ward No.9 Nelamangala Taluk-562 111 Bengaluru Rural District.
23. Smt. Bhagyamma W/o. Ramakrishnaiah Aged about 40 years Nidavanda, Member of Sompura Gram Panchayath, Ward No.9 Nelamangala Taluk-562 111 Bengaluru Rural District.
24. Sri Chand Pasha S/o. Dasthagir Khan Aged about 40 years Karimane, Member of Sompura Gram Panchayath, Ward No.10 Nelamangala Taluk-562 111 Bengaluru Rural District.
25. Sri Jagadish N.T. S/o. Thimmaiah Aged about 40 years Thattekatte, Member of Sompura Gram Panchayath, Ward No.11 Nelamangala Taluk-562 111 Bengaluru Rural District.
26. Smt. Shobha Wife of Narasimha Murthy Aged about 38 years Nijagal Kempohalli Member of Sompura Gram Panchayath Ward No.12, Nelamangala Taluk-562 111 Bengaluru Rural District.
27. Smt. Rathnamma W/o. Gangadhar M.P. Ated about 38 years Madenahalli, Member of Sompura Gram Panchayath, Ward No.13 Nelamangala Taluk-562 111 Bengaluru Rural District. …Respondents (By Sri. M.A. Subramani, HCGP for R1 and R2; Sri S.N. Aswathanarayana, Advocate for R4 to R27) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notice dated 24.07.2019 issued by the R-1 which is produced at Annexure-E, as the same is impugned, perverse and capricious and is liable to be set aside.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Sri S.N. Aswathnarayan, learned counsel for respondent Nos. 4 to 27 has filed a memo seeking disposal of the matter with liberty to the respondents to initiate fresh proceeding under Section 49(1) of the Karnataka Gram Swaraj and Panchayath Raj Act.
2. The memo filed by the learned counsel for respondents is placed on record.
3. Accordingly, the memo is accepted.
4. The notice dated 24.07.2019 vide Annexure-‘E’ is quashed, reserving liberty to the members to initiate proceedings under Section 49(1) of the Karnataka Gram Swaraj and Panchayath Raj Act, if law permits.
5. With the above observation, writ petition is disposed off.
SD/-
JUDGE SSD