- 1 - HC-KAR NC: 2025:KHC:21850 WP No. 13955 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13955 OF 2025 (LB-RES) BETWEEN: SRI RAGHU K S/O SRI KANNAPPA, AGED ABOUT 42 YEARS, PRESIDENT, GRAMAPANCHAYAT, MUDDINAKOPPA SHIVAMOGGA TQ. AND DIST. …PETITIONER (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPT. OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, BENGALURU-560001 REP. BY ITS SECRETARY. 2. THE COMMISSIONER, COMMISSIONERATE FOR KARNATAKA PANCHAYAT RAJ, KALIDASA MARG, K.G. ROAD, BENGALURU-560 009. 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, SHIVAMOGGA. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21850 WP No. 13955 of 2025 4. SRI MAHESHWAR NAIK, PANCHAYAT DEVELOPMENT OFFICER (PDO) MUDDINAKOPPA VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI. H.K.KENCHEGOWDA, AGA FOR R1 AND R2; SRI. B.J.SOMAYAJI FOR R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DT-23.07.2024 AND 11.11.2024 AND TO PASS APPROPRIATE ORDER WHICH IS PRODUCED AT ANNEXURE-A AND B RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, petitioner who is the President of Muddinakoppa Grama Panchayat is aggrieved by the inaction on the part of respondent No.2/Commissionerate for Karnataka Panchayat Raj in not considering the petitioner's representations dated 23.07.2024 and 11.11.2024 vide Annexures-A and B respectively. - 3 - HC-KAR NC: 2025:KHC:21850 WP No. 13955 of 2025 2. The petitioner is aggrieved by the inaction of respondent No.2 in not taking any steps pursuant to the report/enquiry submitted by respondent No.3 – the Chief Executive Officer, Zilla Panchayat, Shivamogga. 3. The petitioner contends that the communication issued by respondent No.3 discloses serious allegations of abuse of power and misappropriation of funds by respondent No.4, allegedly carried out without the petitioner’s knowledge or consent. It is specifically asserted that respondent No.4 exploited the petitioner’s illiteracy to unilaterally pass resolutions, bypassing the petitioner’s authority as President. 4. Although the learned Additional Government Advocate sought further time to obtain instructions, this Court is not inclined to grant any additional adjournment. The record discloses that the petitioner submitted two representations dated 23.07.2024 and 11.11.2024, - 4 - HC-KAR NC: 2025:KHC:21850 WP No. 13955 of 2025 premised upon the communication sent by respondent No.3 to respondent No.2. 5. When a public authority receives complaints or representations, it is under a legal obligation to consider the same and pass orders in accordance with law. In the present case, there is evident dereliction on the part of respondent No.2 in failing to act on the petitioner’s representations, marked at Annexures–A and B. 6. The petitioner, in his capacity as President, has made serious allegations of misappropriation of funds, which find corroboration in the report enclosed with the communication sent by respondent No.3 (Annexure–D). Under such circumstances, it is incumbent upon respondent No.2 to consider not only the petitioner's representations but also the contents of the said report while taking a decision. This Court is of the view that a writ of mandamus is warranted in the facts of the case. - 5 - HC-KAR NC: 2025:KHC:21850 WP No. 13955 of 2025 7. In light of the above, the following order is passed: ORDER (i) The writ petition is allowed; (ii) Respondent No.2 is directed to consider the representations submitted by the petitioner dated 23.07.2024 and 11.11.2024 (Annexures–A and B), and to pass appropriate orders in accordance with law; (iii) While doing so, respondent No.2 shall also take into account the communication and the report submitted by respondent No.3, enclosed with Annexure–D; (iv) The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 8