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High Court of Karnataka · body

2025 DAILYLAW 19482 (KAR)

SRI. GANGOJI RAO v. STATE OF KARNATAKA

WP/6587/2025 · 2025-04-03

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14127 WP No. 6587 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6587 OF 2025 (LB-RES) BETWEEN: 1. SRI. GANGOJI RAO S/O PUNDALIKA RAO AGED ABOUT 75 YEARS OLD MARKET ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 2. IMTIYAZ AHMED, S/O BASHEER AHMED, AGED ABOUT 48 YEARS DASAKOPPA, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 3. D.GOPAL, S/O DAKAPPA, BASAVANA BEEDI, AGED ABOUT 69 YEARS BASAVANA BEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 4. L.S. VENKATESHA S/O SADANANDAPPA, AGED ABOUT 50 YEARS DASAKOPPA, MALANDURU, ANANDAPURAM, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14127 WP No. 6587 of 2025 SAGAR TALUK, SHIVMOGAA DIST-577412. 5. SHANKAR H.C. S/O CHANNAVEERAPPA, AGED ABOUT 50 YEARS SIDDESHWARA COLONY, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 6. KOOSUPOOJARI S/O BACHA POOJARI, AGED ABOUT 75 YEARS OLD MARKET ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 7. RAVINDRA S/O SRINIVAS, AGED ABOUT 45 YEARS ASHOKA ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 8. SMT. GEETHA W/O UMESH, AGED ABOUT 45 YEARS, ASHOKA ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 9. SURESH NAYAK S/O BHEEMA NAIK, AGED ABOUT 58 YEARS, RAILWAY STATION ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. - 3 - NC: 2025:KHC:14127 WP No. 6587 of 2025 10. RAGHVENDRA S/O KRISHNAPPA R., AGED ABOUT 50 YEARS, ASHOKA ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 11. RAGHUPATHI RAO S/O B GANAPATI RAO, AGED ABOUT 71 YEARS, RANGANATHA BEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 12. P.V.SHYLAJA W/O CHANDRASHEKHARAN, AGED ABOUT 65 YEARS RANGANATHA BEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 13. VENKATESH.M S/O MANJAPPA, AGED ABOUT 50 YEARS, SHATI NAGARA, YADEHALLI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 14. GOPAL S/O SHESHAPPA, AGED ABOUT 68 YEARS, BASAVANA BEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. - 4 - NC: 2025:KHC:14127 WP No. 6587 of 2025 15. BHYRAPPA S/O THIPPANNA, AGED ABOUT 57 YEARS, GOWTHAMPURA, SAGAR TALUK, SHIMOGA DIST-577412. 16. R.S.M JOSEPH, S/O SUSENATHAN, AGED ABOUT 69 YEARS, RANGANATHA BEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 17. PRAKASH.N S/O NARAYAN RAO, AGED ABOUT 57 YEARS SIDDESHWARA COLONY, ANANDAPURAM POST, SAGAR TALUK, SHIVMOGAA DIST-577412. 18. DEVARAJ S/O MUNIYAPPA, AGED ABOUT 49 YEARS ASHOK ROAD, ANANDAPURAM, SAGAR TALUK, SHIMOGA DIST-577412. 19. NARAYANA S/O MANJAPPA, AGED ABOUT 79 YEARS, BASAVANA BEEDI, SAGAR TALUK, SHIVMOGAA DIST-577412. 20. RAJU N. S/O NARAYAN RAO, AGED ABOUT 54 YEARS - 5 - NC: 2025:KHC:14127 WP No. 6587 of 2025 SIDDESHWARA COLONY, SAGAR TALUK, SHIMOGA DIST-577412. 21. PARAMESHWARAPPA. M.H S/O HANUMANTHAPPA, AGED ABOUT 55 YEARS, ASHOKA ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 22. LAWRENCE FERNANDES, S/O SIMON FERNANDES, AGED ABOUT 59 YEARS, MALANDURU, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 23. JAGADISH K. S/O. KRISHNAPPA, AGED ABOUT 50 YEARS, YADEHALLI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 24. S.H. GANESH S/O HOLIYAPPA, AGED ABOUT 52 YEARS, LAKKAVALLI, GILALAGUNDI POST, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 25. MANJUNATHA S/O KOTRAPPA, AGED ABOUT 40 YEARS, RANGANATHA BEEDI, - 6 - NC: 2025:KHC:14127 WP No. 6587 of 2025 ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 26. CHANDRASHEKHAR S S/O ANANDA MARAKAL, AGED ABOUT 58 YEARS. RANGANATHA BEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 27. MARUTHI S/O RANGAPPA, AGED ABOUT 40 YEARS, RANGANATHA BEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 28. M K NAGARAJ S/O KOLLAPPA, AGED ABOUT 50 YEARS, HUNASEKATTE, AMBLIGOLA POST, SHIKARIPURA TALUK, SHIVMOGAA DIST-577427. 29. NINGAPPA T S/O TIMMAPPA, AGED ABOUT 59 YEARS, ASHOK ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 30. MAQBOOL AHMED, S/O BASHEER AHMED, AGED ABOUT 59 YEARS, DASAKOPPA, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. - 7 - NC: 2025:KHC:14127 WP No. 6587 of 2025 31. DAKAPPA N T. S/O TIMMAPPA, ASHOKA ROAD, AGED ABOUT 69 YEARS, ASHOKA ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 32. H. KANTHARAJ S/O S L HANUMANTHARAO, AGED ABOUT 60 YEARS, OLD MARKET ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 33. KRISHNAPPA K. S/O KONDAPPA, AGED ABOUT 78 YEARS, ANANDAPURAM, RANGANATHA BEEDI, SAGAR TALUK, SHIVMOGAA DIST-577412. 34. MAHESHAPPA S/O HANUMANTHAPPA, AGED ABOUT 63 YEARS, ASHOK ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 35. PRABHAKARA S/O. VISHWANATH, AGED ABOUT 47 YEARS, NH 206, ANANDAPURAM, ANANDAPURAM POST, SAGAR TALUK, SHIVMOGAA DIST-577412. - 8 - NC: 2025:KHC:14127 WP No. 6587 of 2025 36. BHASKARA S/O DANAPPA, RANGANATHA BEEDI, AGED ABOUT 56 YEARS, RANGANATHA BEEDI, ANANDAURAM, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 37. YELLAPPA H. S/O HALAPPA, AGED ABOUT 69 YEARS, MALANDURU, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 38. LOKAPPA S/O HANUMANTHAPPA, AGED ABOUT 63 YEARS, ASHOK ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 39. PUTTASWAMY S/O BHARMAPPA, RANGANATHA BEEDI, AGED ABOUT 63 YEARS, RANGANATHA BEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 40. K PRAHLAD S/O KRISHNAPPA, MALANDURU, AGED ABOUT 40 YEARS MALANDURU, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. - 9 - NC: 2025:KHC:14127 WP No. 6587 of 2025 41. SADANANDA S/O SHYAMANNNA, AGED ABOUT 68 YEARS, RANGANATUA BEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 42. SRINIVASA S/O MUNISWAMY, AGED ABOUT 54 YEARS, OLD MARKET ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 43. USHA W/O PRAKASH, AGED ABOUT 44 YEARS, RANGANATHA BEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 44. KRISHAN MURTHY, S/O SHESHAPPA, AGED ABOUT 80 YEARS, BASAVANABEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 45. PARAMESHWARA S/O SEENAPPA, AGED ABOUT 67 YEARS, RANGANATHA BEEDI, ANANDAPURAM, ANANDAPURAM POST, SAGAR TALUK, SHIVMOGAA DIST-577412. - 10 - NC: 2025:KHC:14127 WP No. 6587 of 2025 46. OMAKESHA K C, S/O CHOWDAPPA, AGED ABOUT 68 YEARS, ASHOKA ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 47. ARUNA S/O MANJUNATHA, AGED ABOUT 45 YEARS, NH 206, ANANDAPURAM, SAGAR TALUK, ANANDAPURAM, SHIVMOGAA DIST-577412. 48. MUJEEBULLA, S/O KHADAR SHARIF SAB, AGED ABOUT 55 YEARS, BASAVANA BEEDI, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 49. MALLIKARJUNA S/O MUDDUVEERAIAH, AGED ABOUT 65 YEARS, MARKET ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 50. H. KANTHARAJ S/O S L HANUMANTHARAO, AGED ABOUT 60 YEARS, OLD MARKET ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. - 11 - NC: 2025:KHC:14127 WP No. 6587 of 2025 51. JAYAPADMA W/O RAMESH D., AGED ABOUT 50 YEARS, ASHOKA ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 52. CHANDRASHEKAR S/O M KRISHNAPPA, AGED ABOUT 35 YEARS, MARKET ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 53. NAZEER AHMED S/O ADAM SAB, AGED ABOUT 55 YEARS, BASAVANA, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 54. SERIZON D/O MOHAMMADA BEIG, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. 55. SHARDAMMA W/O KRISHNAPPA SHETTY, AGED ABOUT 45 YEARS, MARKET ROAD, ANANDAPURAM, SAGAR TALUK, SHIVMOGAA DIST-577412. …PETITIONERS (BY SRI. VEERENDRA R PATIL., ADVOCATE) - 12 - NC: 2025:KHC:14127 WP No. 6587 of 2025 AND: 1. STATE OF KARNATAKA DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, REPRESENTED BY PRINCIPAL SECRETARY, M.S. BUILDING, 3RD FLOOR, BENGALURU-560001. 2. ZILLA PANCHAYATH SHIVAMOGGA DISTRICT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SHIVAMOGGA-577201. 3. TALUK PANCHAYATH SAGAR TALUK, REPRESENTED BY ITS EXECUTIVE OFFICER, SAGAR, SHIVAMOGGA DISTRICT-577401. 4. ANANADAPURAM GRAMA PANCHAYATH REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER, ANANDAPURAM, SAGAR TALUK, SHIVAMOGGA DISTRICT-577412. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 SRI. B.J.SOMAYAJI, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.02.2025 ISSUED BY R-4 WHICH IS PRODUCED AND MARKED AS ANNX-D, GRANT AN INTERIM ORDER TO STAY, STAY THE ALL FURTHER PROCEEDINGS OF THE IMPUGNED ORDER DTD 25.02.2025 ISSUED BY THE R-4 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 13 - NC: 2025:KHC:14127 WP No. 6587 of 2025 ORAL ORDER 1. Memo filed by the counsel for respondent-Authorities which is enclosed along with the proceedings of the Gram Panchayath dated 24.03.2025. It is noticed that, it has been resolved as regards item No.7 relating to auction of shops that the said auction proceedings are deferred till the conclusion of proceedings before the High Court in W.P.No.15198/2021. Accordingly, contentions of the parties are kept open. 2. Petition is disposed off as not calling for adjudication taking note of the proceedings of the Gram Panchayath. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 47