- 1 - NC: 2025:KHC-D:1198 WP No. 100403 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100403 OF 2025 (LB-RES) BETWEEN: SMT BASAMMA W/O GOPALA AGE. 46 YEARS, OCC. HOUSE MAKER R/O. SREEDHARAGADDE VILLAGE, TQ. AND DIST. BALLARI-583103 …PETITIONER (BY SRI. SANJAY CHANAL, ADVOCATE) AND: 1. 2. 3. 4. THE STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001 REP. BY PRINCIPAL SECRETARY THE ASSISTANT COMMISSIONER COMMISSIONER OFFICE, BALLARI, TQ & DIST: BALLARI-583101. KALPANA W/O VENKATESH AGE: 40 YEARS OCC: HOUSE MAKER VEERABASAMMA W/O SANGAPPA AGE: 45 YEARS OCC: HOUSE MAKER ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.27 16:33:49 +0530 - 2 - NC: 2025:KHC-D:1198 WP No. 100403 of 2025 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. PARWATI W/O DEVANNA AGE; 39 YEARS OCC: HOUSE MAKER U. RADHA W/O MALLANAGOUDA AGE: 56 YEARS OCC: HOUSE MAKER T. NAGARATNA W/O T. MALLIKARJUN AGE: 53 YEARS OCC: HOUSE MAKER C. RADHAMMA W/O GOVERDHAN AGE: 47 YEARS OCC: HOUSE MAKER RAJESHWARI W/O RATAN AGE: 38 YEARS OCC: HOUSE MAKER N. LAXMI W/O PARASHURAM AGE: 46 YEARS, OCC: HOUSE MAKER PADMA W/O SRINIVAS RAO AGE: 35 YEARS OCC: HOUSE MAKER HANUMANTAMMA W/O NAGAPPA AGE: 46 YEARS OCC: AGRICULTURE B. HEMA W/O H.M. MANJUNATH AGE: 35 YEARS OCC: HOUSE MAKER Y. NEELAMMA - 3 - NC: 2025:KHC-D:1198 WP No. 100403 of 2025 15. 16. 17. 18. 19. 20. 21. 22. 23. W/O BASAVARAJ AGE: 59 YEARS OCC: HOUSE MAKER NAGAMMA W/O TIMMAREDDI AGE: 49 YEARS OCC: HOUSE MAKER A.K. PRAKASH S/O GADILINGAPPA AGE: 43 YEARS OCC: AGRICULTURE HUCHAPPA S/O MALLESHAPPA AGE: 42 YEARS OCC: AGRICULTURE SANNARUDRAPPA S/O TIPPESWAMI AGE: 50 YEARS OCC: AGRICULTURE D. ANJANEYA S/O DASAPPA AGE: 56 YEARS OCC: AGRICULTURE GALEPPA S/O SINGAREPPA AGE: 48 YEARS, OCC: AGRICULTURE VIRUPAXAPPA S/O GURUSIDDAPPA AGE: 40 YEARS OCC: AGRICULTURE N. HULIYAPPA S/O N. AYYAPPA AGE: 45 YEARS OCC: AGRICULTURE A. PAMPANNA S/O MAREPPA - 4 - NC: 2025:KHC-D:1198 WP No. 100403 of 2025 24. 25. AGE: 46 YEARS OCC: AGRICULTURE M. BASAVARAJA S/O M. KALYANAPPA AGE: 49 YEARS OCC: AGRICULTURE U. SHIVARAJGOUDA S/O MALLANAGOUDA AGE: 65 YEARS OCC: AGRICULTURE ALL RESPONDENTS NO. 3 TO 25 WERE R/O: SHREEDHARGADDE TQ & DIST: BALLARI-583103. …RESPONDENTS (BY SRI. V.S. KALASURMATH., AGA FOR R1-R2; SRI. M.V. HIREMATH., ADVOCATE FOR R23-R24; NOTICE TO R3 TO R22 & R25 D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE NOTICE DATED. 31-12- 2024 BEARING NO. SAM. KAM/ CHUNA/ AVISHWASA (CHUNAVANE)/34/2024-25 ISSUED BY 2ND RESPONDENT AUTHORITY IS PRODUCED AND MARKED AS PRODUCED AT ANNEXURE-D AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: - 5 - NC: 2025:KHC-D:1198 WP No. 100403 of 2025 i. Issue a writ in the nature of certiorari by quashing the notice dated 31.12.2024 bearing No. SAM. KAM/ CHUNA/ AVISHWASA (CHUNAVANE)/34/2024-25 issued by 2nd respondent authority is produced and marked as produced at Annexure-D. ii. Issue any other writ or directions which this Hon’ble Court may deem fit under the facts and circumstances of the case in the interest of justice and equity. 2. The grievance of the petitioner is that respondent No.2 has acted upon a requisition submitted by respondents No.3 to 25 which bears the endorsement of a Panchayat Development Officer (PDO) along with his seal, signature and writing, which is contrary to the decision of a Co-ordinate Bench of this Court in Sri Sangan Gouda N.Biradaar vs. Principal Secretary of Panchayath Karnataka1. 3. A perusal of Annexure-C does indeed indicate the PDO having made an endorsement and signed the 1 W.P.No.203171/2024 DATED 26.11.2024 - 6 - NC: 2025:KHC-D:1198 WP No. 100403 of 2025 requisition notice. In that view of the matter, I am of the considered opinion that the said endorsement having been made on 30.12.2024 much after the decision of the Coordinate Bench dated 26.11.2024 in Sangan Gouda N.Biradaar (supra), the said PDO has acted contrary to the orders passed by this Court requiring disciplinary proceedings to be initiated by respondent No.1 against the said PDO. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed, a certiorari is issued. ii) The notice dated 31.12.2024 issued by respondent No.2 at Annexure-D is quashed. iii) Respondent No.1 is directed to initiate disciplinary proceedings against the Panchayath Development Officer, Sreedharagadde Village, Taluk and District Bellary and file necessary - 7 - NC: 2025:KHC-D:1198 WP No. 100403 of 2025 report within a period of 30 days from the date of receipt of copy of this order. iv) Though the above petition is disposed, relist on 27.02.2025 for filing such a report. v) Liberty is reserved to respondents No.3 to 25 to move a fresh requisition notice in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 3 Sl No.: 1