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2025 DAILYLAW 24621 (KAR)

BHAGAMANDALA GRAM PANCHAYAT v. THE STATE OF KARNATAKA

WP/11792/2017 · 2025-01-13

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:1216 WP No. 11792 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 11792 OF 2017 (GM-RES) BETWEEN: BHAGAMANDALA GRAM PANCHAYAT, BHAGAMANDALA, KODAGU DISTRICT-571 247. REPRESENTED BY ITS PRESIDENT, SMT. SUMITRA.J. …PETITIONER (BY SMT. DIVYA SWAROOP., ADVOCATE FOR SRI. RAVIKUMAR., M.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI-571 201. 3. THE EXECUTIVE OFFICER, BHAGANDESWARI/TALAKAVERI TEMPLE, BHAGAMANDALA, KODAGU DISTRICT-571 247. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 & 2; SRI. T.I.ABDDULLA., ADVOCATE FOR IMPLEADING APPLICANT ON I.A.02/2017; R3-SERVED AND UNREPRESENTED) Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1216 WP No. 11792 of 2017 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Divya Swaroop., counsel on behalf of Sri.Ravi Kumar.M.C., for the petitioner and Sri.Manjunatha Rayappa., AGA for respondents 1 and 2 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash Annexure-A, passed by the Deputy Commissioner - second respondent dated 17.02.2017 as null and void by exceeding jurisdiction and being in violation of both the Karnataka Hindu Religious Institution and Charitable Endowment Act, 1997 and Karnataka Gram Swaraj and Panchayat Raj Act, 1993. 3. Heard the arguments and perused the Writ papers with care. 4. The proceedings of the Meeting is called into question by the President of the Gram Panchayat in this Writ - 3 - NC: 2025:KHC:1216 WP No. 11792 of 2017 Petition on several grounds as set-out in the Memorandum of Writ Petition. Suffice it to note that the President of the Gram Panchayat has no locus. Moreover, the proceedings of the meeting cannot be called into question by the President. The Writ Petition is devoid of merits and is liable to be rejected. 5. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 31