- 1 - NC: 2025:KHC:5443 WP No. 3197 of 2020 C/W WP No. 3248 of 2020 WP No. 3320 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3197 OF 2020 (LB) C/W WRIT PETITION NO. 3248 OF 2020 (LB-RES) WRIT PETITION NO. 3320 OF 2020 (LB-RES) IN WP No. 3197/2020 BETWEEN: 1. K PANDURANGAPPA S/O KAPOOR KARIYANNA AGED ABOUT 48 YEARS R/AT MURU MANE HATTI JAVANAGONDANAHALLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-577511. 2. M. KARIYAPPA S/O MUDDARANGAPPA AGED ABOUT 46 YEARS R/AT 1ST CROSS, MANJUNATHA NAGARA, JAVANAGONDANAHALLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-577511. 3. YASMEEN W/O ASHFAQ AHAMAD, AGED ABOUT 53 YEARS R/AT HALE URU, JAVANAGONDANAHALLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-577511. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5443 WP No. 3197 of 2020 C/W WP No. 3248 of 2020 WP No. 3320 of 2020 4. JANAKAMMA W/O SHIVANNA AGED ABOUT 51 YEARS, R/AT KARIYALA ROAD, JYOTHINAGARA, JAVANAGONDANAHALLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-577511. 5. MARIYAM B W/O ABDUL RASHEED AGED ABOUT 51 YEARS, R/AT KHR BADAVANE, JAVANAGONDANAHALLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-577511. 6. A K RANGALAKSHMI W/O MARANAYAKA AGED ABOUT 34 YEARS, R/AT ANESIDDHI JAVANAGONDANAHALLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-577511. 7. WAHEEDA BANU W/O PARVEEZ AHAMED AGED 37 YEARS, R/AT NEAR WATER TANK KHR BADAVANE JAVANAGONDANAHALLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-577511. 8. L N LAKSHMI W/O VEDAMURTHY AGED 34 YEARS R/AT NO.168, KAATANAKANAHALLI JAVANAGONDANAHALLI HIRIYUR TALUK, CHITRADURGA DISTRICT-577511. - 3 - NC: 2025:KHC:5443 WP No. 3197 of 2020 C/W WP No. 3248 of 2020 WP No. 3320 of 2020 9. VIJAYAMMA W/O CHITRALINGAPPA AGED 45 YEARS, R/AT KASTHURIRANGAPPANAHALLI KATANAYAKANAHALLI JAVANAGONDANAHALLI HIRIYUR TALUKU, CHITRADURGA DISTRICT-577511. 10. SURYA NAYAK R S/O RAMA NAYAK AGED ABOUT 51 YEARS R/AT KASTHURIRANGAPPANAHALLI KATANAYAKANAHALLI JAVANAGONDANAHALLI HIRIYUR TALUK, CHITRADURGA DISTRICT-577511. 11. SRINIVAS J D S/O DASAPPA AGED 50 YEARS R/AT GOLLARAHATTI ANESIDDHI JAVANAGONDANAHALLI HIRIYUR TALUK, CHITRADURGA DISTRICT-577511. …PETITIONERS (BY SRI. KETHAN KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, M S BUILDING, BANGALORE-560001. 2. THE DEPUTY DIRECTOR DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, M S BUILDING BANGALORE-560001. - 4 - NC: 2025:KHC:5443 WP No. 3197 of 2020 C/W WP No. 3248 of 2020 WP No. 3320 of 2020 3. THE REGIONAL COMMISSIONER BANGALORE DIVISION, BANGALORE, B.M.T.C. BUILDING, SHANTHI NAGAR, BANGALORE – 560 013 4. THE CHIEF EXECUTIVE OFFICER CHITRADURGA ZILLA PANCHAYATH CHITRADURGA-577501. 5. THE EXECUTIVE OFFICER HIRIYUR TALUK PANCHAYATH CHITRADURGA-577599. 6. JAVANAGONDANAHALLI GRAM PANCHAYATH HIRIYUR TALUK, CHITRADURGA-577545 REP. BY ITS PANCHAYATH DEVELOPMENT OFFICER. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 TO R3 SRI. N. PRAVEEN KUMAR, ADVOCATE FOR R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 22.01.2020 PASSED BY THE R-2 AT ANNX-A AND ENQUIRY REPORT SUBMITTED BY THE R-3 AT ANNX-B IN SO FAR AS PETITIONERS ARE CONCERNED. IN WP NO. 3248/2020 BETWEEN: 1. MOHAMMED NAHEED S/O LATE MOHAMMED KHALEEL, AGED ABOUT 34 YEARS, JAVANAGONDANAHALLI, HIRIYUR TALUK, CHITRADURGA -577511 - 5 - NC: 2025:KHC:5443 WP No. 3197 of 2020 C/W WP No. 3248 of 2020 WP No. 3320 of 2020 2. C KAVITHA W/O CHITTHAPPA, AGED ABOUT 36 YEARS, JULAYYANAHATTY, JAVANAGONDANAHALLY HOBLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-577511 3. L PUTTARAJU S/O LAKSHMANAPPA, AGED ABOUT 45 YEARS, BEHIND GOVERNMENT HOSPITAL, HIRIYUR TALUKU, JAVANAGONDANAHALLI, CHITRADURGA-577511 4. RAVIPRAKASH G S/O H GANGAPPA, AGED ABOUT 43 YEARS, BEHIND POLICE STATION, JAVANAGONDANAHALLI, HIRIYUR TALUK, CHITRADURGA -577511 ...PETITIONERS (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE SECRETARY, RURAL DEVELOPMENT AND PANCHAYATH RAJ, MULTI STORIED BUILDING, DR. AMBEDKAR ROAD, BANGALORE-560001 2. THE CHIEF EXECUTIVE OFFICER JILLA PANCHAYATH, CHITRADURGA-577511 3. THE EXECUTIVE OFFICER TALUK PANCHAYATH, - 6 - NC: 2025:KHC:5443 WP No. 3197 of 2020 C/W WP No. 3248 of 2020 WP No. 3320 of 2020 HIRIYURU-577598 CHITRADURGA 4. GRAMA PANCHAYATH JAVANAGONDANAHALLI-577511 HIRIYURU TALUK, CHITRADURGA 5. TAHASILDAR OFFICE OF THE REGIONAL COMMISSIONER, BANGALORE DIVISION, SHANTHINAGARA, BANGALORE – 560 027 ...RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 & R5 SRI. PRAVEEN KUMAR, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER NUMBER GRAP 25 GRAP 2020 BANGALORE DATED 22.01.2020 (ANXN-G) IN WP NO. 3320/2020 BETWEEN: SMT. K VASANTHALAKSHMI W/O GURUMURTHY B AGED 41 YEARS, KHR BADAVANE, JAVANAGONDANAHALLI-577 511 HIRIYUR TALUK, CHITRADURGA DISTRICT. ...PETITIONER (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE SECRETARY - 7 - NC: 2025:KHC:5443 WP No. 3197 of 2020 C/W WP No. 3248 of 2020 WP No. 3320 of 2020 RURAL DEVELOPMENT AND PANCHAYATH RAJ MULTI STORIED BUILDING, DR AMBEDKAR ROAD, BANGALORE-560 001. 2. THE CHIEF EXECUTIVE OFFICER, JILLA PANCHAYATH CHITRADURGA-577 501 3. THE EXECUTIVE OFFICER, TALUK PANCHAYATH HIRIYURU-577 598 CHITRADURGA 4. GRAMA PANCHAYATH JAVANAGONDANAHALLI-577 511 HIRIYURU TALUK CHITRADURGA 5. TAHASILDAR OFFICE OF THE REGIONAL COMMISSIONER BANGALORE DIVISION, SHANTINAGARA, BANGALORE-560027 ...RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 & R5 SRI. PRAVEEN KUMAR, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.01.2020 ANNEXURE-H ISSUED BY R-1. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - NC: 2025:KHC:5443 WP No. 3197 of 2020 C/W WP No. 3248 of 2020 WP No. 3320 of 2020 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER Writ petition No.3320 of 2020 is filed by A.K.Vasantha Lakshmi and then Adyaksha of the Javanagondanahalli Gram Panchayat and Writ petition Nos.3197 of 2020 and 3248 of 2020 are filed by the members of the said Gram Panchayat. 2. The petitioners are aggrieved by the order passed by the Government under Section 43A of the Karnataka Panchayat Raj Act, whereby the Government has removed them from the membership of the Gram Panchayath. 3. As far as Vasanthalakshmi, Adhyaksha is concerned, it is her contention that she was issued with a notice and asked to show cause as to why she should not be removed and she gave a detailed reply stating that the decision to reject the e-khata was made on the basis of a resolution passed by the Gram Panchayat and after the - 9 - NC: 2025:KHC:5443 WP No. 3197 of 2020 C/W WP No. 3248 of 2020 WP No. 3320 of 2020 Deputy Commissioner had also granted approval for the land to be used for no good purposes. It is her case that these contentions of her's have not been considered by the Government, and the impugned order has been passed without any reasoning. 4. It is the case of the members of the Gram Panchayath that they had not even been issued a notice before the impugned order has passed, whereby their membership was removed. They have pointed out that the notice appears to have been issued only to the Adyaksha and not to the members. 5. A reading of the impugned order indicates that no show cause notice was issued to all the members, and the show cause notice was issued only to the Adyaksha. It is also seen from the records that the Adyaksha took up the contention that the decision to register the e-khatha was made after the resolution was passed by the Panchayat and all the documents were examined and, - 10 - NC: 2025:KHC:5443 WP No. 3197 of 2020 C/W WP No. 3248 of 2020 WP No. 3320 of 2020 therefore, to hold the Adyaksha alone as responsible would be incorrect. 6. The impugned order does not indicate as to whether this contention of the Adyaksha is justified or not. The impugned order merely comes to the conclusion that illegalities were committed by the Adhyaksha and the members, and therefore, they were liable to be removed. Unless, reasons are given by the Government for disagreeing with the cause shown by the Adhyaksha, the impugned order could not have been passed. Similarly, without hearing the members, no order of removal could have been passed against them. 7. Therefore, I am of the view that, it would be appropriate to direct the Government to issue a notice to the members, hear their objections and thereafter also consider the objections filed by the Adyaksha, before passing an order afresh. Consequently, the impugned orders are set aside. - 11 - NC: 2025:KHC:5443 WP No. 3197 of 2020 C/W WP No. 3248 of 2020 WP No. 3320 of 2020 8. The writ petitions are allowed. 9. The Government shall undertake and dispose of the entire proceedings within a period of six months from the date of receipt of a copy of this order. Sd/- (N S SANJAY GOWDA) JUDGE sks