- 1 - NC: 2025:KHC:1690 WP No. 22373 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 22373 OF 2024 (LB-RES) BETWEEN: 1. KALLAPPA BHIMASHANKAR UTAGI @KALLAPPA BHIMASHANKAR UTAGI S/O. BHIMASHANKAR UTAGI, AGED ABOUT 42 YEARS, EX-PRESIDENT AND PRESENTLY MEMBER OF GRAMA PANCHAYATH, HATTALLI GRAMA PANCHAYAT, R/AT HATTALLI, CHADACHANA TALLUK, VIJAYAPURA DISTRICT-586 205. 2. SMT. KAMALABAI SURYAKANT BANASODE W/O. SURESHA PUNDALIKA BANASWADE, AGED ABOUT 53 YEARS, MEMBER OF GRAMA PANCHAYATH, HATTALLI GRAMA PANCHAYAT, R/AT HATTALLI, CHADACHANA TALLUK, VIJAYAPURA DISTRICT-586 205. 3. KAMALABAI GURUNINGAPPA BIRADARA W/O. GURUNINGAPPA BIRADARA, AGED ABOUT 52 YEARS, PRESIDENT OF GRAMA PANCHAYATH, HATTALLI GRAMA PANCHAYAT, R/AT HATTALLI, CHADACHANA TALLUK, VIJAYAPURA DISTRICT-586 205. …PETITIONERS (BY SRI. RAMAKRISHNA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1690 WP No. 22373 of 2024 REP BY ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S. BUILDING, BENGALURU-560 002. 2. THE REGIONAL COMMISSIONER BELAGAVI DIVISION, BELAGAVI-590 001. 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, VIJAYAPURA DISTRICT, VIJAYAPURA-586 205. 4. RAMESH BIRADARA AGED ABOUT IN MAJOR, MEMBER OF GRAMA PANCHAYATH, HATTALLI GRAMA PANCHAYAT, R/AT HATTALLI, CHADACHANA TALLUK, VIJAYAPURA DISTRICT-586 205. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1 & R-2; R-3 & R-4 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE R-1 TO CONSIDER THE INTERIM APPLICATION OF THE PETITIONERS IN PROCEEDINGS NO.GRAA AA PA 24 GRAA PAM AA 2024 PENDING BEFORE THE R-1, SAID INTERIM APPLICATION DATED 05.08.2024 IS PRODUCED HEREWITH PRODUCED AS ANNEXURE-J, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:1690 WP No. 22373 of 2024 ORAL ORDER 1. The prayer in this petition is for issuance of a mandamus to direct the 1st respondent to consider the interim application dated 05.08.2024 that the petitioners have filed as per Annexure-J. 2. A reading of Annexure-J would indicate that the petitioners had sought for recalling of the order dated 30.07.2024, by which the Presiding Officer posted the matter for orders. 3. Learned counsel for the petitioners submits that the 1st respondent has not granted an opportunity to the petitioners to adduce their evidence and he is seeking to dispose of the matter on the basis of the written arguments that had been filed. 4. In my view, when an application is filed requesting permission to adduce evidence, it was incumbent on the 1st respondent to consider the same and pass appropriate orders. Since there is dereliction insofar as this aspect is concerned, it would be appropriate - 4 - NC: 2025:KHC:1690 WP No. 22373 of 2024 to direct the 1st respondent to consider the application filed by the petitioners under Section 43A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 as per Annexure-J and pass appropriate orders and until then, the 1st respondent shall not pass any final order on the merits of the proceedings. If the petitioners wish to address oral arguments, they shall be permitted to do so. 5. Writ Petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 40