- 1 - HC-KAR NC: 2025:KHC-D:8083 WP No. 100400 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 100400 OF 2024 (LB-RES) BETWEEN: GANGADHAR S/O. CHANNABASAPPA HUGGISHETTAR, AGE: 68 YEARS, OCC: BUSINESS & AGRICULTURE, R/O. BELAGALPETH, TQ: HANGAL, DIST: HAVERI-581104. …PETITIONER (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RUAL DEVELOPMENT, M.S. BUILDING, BENGALURU-1. 2. THE DEPUTY COMMISSIONER, HAVERI, DIST: HAVERI-581110. 3. THE ZILLA PANCHAYAT HAVERI, AT: HAVERI, DIST: HAVERI, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER-581110. 4. THE TALUKA PANCHAYAT HANAGAL, TQ: HANAGAL, DIST: HAVERI-581104. 5. THE GRAM PANCHAYAT BELAGALPETH, AT: BELAGAL PETH, TQ: HANAGAL, DIST: HAVERI REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER-581104. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8083 WP No. 100400 of 2024 6. SRI. GURU MA.NI.PRA. KUMAR SWAMIGALU VEERAKTA MATH, HANGAL, AT: HANGAL, TQ: HANGAL, DIST: HAVERI-581104. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1 & R2; SRI. M.M. KHANNUR, ADVCOATE FOR R3-R5; SRI. MAHANTESH R. PATIL, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING 1. TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE GENERAL MEETING NO.1/2022-23 IN A RESOLUTION DATED 19-03-2022 IN SUBJECT NO.5 ITEM NO.37 VIDE ANNEXURE-D AND IMPUGNED GENERAL MEETING NO.1/2022- 23 DATED 05-05-2022 IN SUBJECT NO.5 ITEM NO.7 PASSED BY THE RESPONDENT NO.5 VIDE ANNEXURE-D1. 2. THAT THE DIRECT THE RESPONDENTS NO.5 AND 6 NOT TO DISPOSSESS THE PETITIONERS FROM THE SUIT PROPERTIES WITHOUT DUE PROCESS OF LAW. 3. TO ISSUE IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.5 TO RESTORE THE NAME OF THE PETITIONER IN PROPERTY/PANCHAYAT RECORDS IN RESPECT OF THE SUIT PROPERTY. 4. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 6TH RESPONDENT TO PAY A SUM OF RS.1 CRORE 70 LAKHS AS THE COMPENSATION TO THE PETITIONER FOR DEMOLITION OF THE BUILDINGS STANDING ON THE SUIT PROPERTIES AND TO AWARD COSTS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. 5. TO ISSUE ANY OTHER ORDER, DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8083 WP No. 100400 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Present petition is filed by the petitioner seeking to quash the resolution dated 19.03.2022 passed by the 5th respondent and direct respondents not to disturb the petitioners from the property in question and for consequential relief of mandamus. 2. Petitioner is a lessee. Lease Deed was registered before the competent authority on 31.12.2007 for the development/improvement and other activities of the Viraktmath. Petitioner claims to have put up and constructed commercial rice mill building, commercial shops, godowns, staff quarters, other rice mills assessor required land, water tank, etc., and accordingly, village Panchayat has allotted separate VPC numbers to all these properties. It is during lifetime of father of the petitioner, his father was doing business and petitioner has been running rice mill business and other ancillary business on the suit property. This being the state of affairs, the - 4 - HC-KAR NC: 2025:KHC-D:8083 WP No. 100400 of 2024 respondent authority, the Panchayat passed a resolution dated 19.03.2022 prior to completion of the said lease period. The 5th respondent passed resolution deleting the name of the petitioner from the panchayat records pertaining to leased property. Hence, due to this order of deletion of name of the petitioner in the panchayat records, petitioner is aggrieved by the same; hence, he is before this Court on the following grounds. • The resolution so passed by the 5th respondent in the General meeting held on 19.03.2022 and resolution dated 05.05.2022 is illegal, arbitrary without following the principles of natural justice. • No hearing has been given to the petitioner before passing the resolution of deletion of the name of the petitioner from the Panchayat records. Therefore, there is an apprehension of the petitioner, he is before this Court. • Several allegations in the petition against the act of the respondent-Panchayat in passing the resolution in not giving a proper hearing and - 5 - HC-KAR NC: 2025:KHC-D:8083 WP No. 100400 of 2024 without following the principles of natural justice and therefore seeks relief at the hands of this Court. During the course of arguments, learned counsel does not press for recovery of amount. Further, he submits that he will take recourse in the manner known to law. 3. Per contra, learned counsel representing respondent Nos.3 to 5 sustains the impugned order by contending that there is no illegality or violation of the resolution passed pursuant to the general meeting and also takes up a plea that there is an alternative efficacious remedy available to the petitioner under the provisions of Section 269 of the Panchayat Raj Act. 4. Learned senior counsel Sri. Aruna Shyam appearing on behalf of impleading applicants 7 to 18 contends that they are proper and necessary parties to this petition as they are the Trustees. However, this Court is not inclined to implead the proposed respondents, as - 6 - HC-KAR NC: 2025:KHC-D:8083 WP No. 100400 of 2024 this Court is of the opinion that the petition could be disposed of for want of following the principles of natural justice and remit it back to the respondent No.5-Gram Panchayat to consider the case of the petitioner by providing proper hearing, follow principles of natural justice and pass suitable orders. 5. Under the circumstances, the impleading applicants are also at liberty to appear before the Panchayat if they have any say and any locus in the subject matter. 6. Accordingly, I pass the following order: i. This petition is allowed. ii. The General Meeting No.1/2022-23-resolution dated 19.03.2022 subject No.5 item No.37 vide Annexure-D and the General Meeting No.1/22- 23 dated 5.5.2022 in subject No.5 item No.7 passed by respondent No.5 vide Annexure-D1 is hereby quashed. Respondent No.5 shall notify, provide proper hearing to the petitioner and - 7 - HC-KAR NC: 2025:KHC-D:8083 WP No. 100400 of 2024 follow principles of natural justice and pass suitable orders in accordance with law and he shall not dispossess the petitioner from the properties in question without following due process of law. iii. It is needless to mention that respondent No.5 shall notify the concerned persons and pass suitable orders. iv. All contentions of the petitioner and of any other parties interested, are left open, to be urged before respondent No.5, if any such action is initiated. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK Kmv from para 2-points till end CT-MCK