- 1 - NC: 2025:KHC-D:4336 WP No. 104024 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 104024 OF 2016 (LB-RES) BETWEEN: 1. SHRI. NAGAPPA S/O FAKIRAPPA DIDAGANNAVAR, AGE: 36 YEARS, OCC: COOLIE, R/O: HOSUR, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI. 2. SMT. MALLAVVA W/O FAKIRAPPA DIDAGANNAVAR, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O: HOUSE NO.555, HANUMANTH TEMPLE, HOSUR, TALUK: SAUNDATTI, DISTRICT: BELAGAVI. 3. SMT. RENAVVA W/O SIDDAPPA NESARGI, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: TORANGATTI, TALUKA: RAMDURG, DISTRICT: BELAGAVI. 4. SMT. RATNAVVA W/O MAHADEVAPPA KARIKATTI, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O: SIDNAL, TALUKA: RAMDURG, DISTRICT: BELAGAVI. 5. SMT. VIJAYLAXMI W/O KIRANPRAKASH TORANKATTI, AGE: 31 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4336 WP No. 104024 of 2016 OCC: HOUSEHOLD WORK, R/O: HOUSE NO.52, 4TH CROSS, INDAL NAGAR, SHINDOLLI ROAD, BELAGAVI. … PETITIONERS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. THE PRESIDENT, ZILLA PANCHAYAT, BELAGAVI. 2. THE EXECUTIVE OFFICER, TALUKAR PANCHAYAT, SAUNDATTI. 3. THE CHAIRMAN, GRAM PANCHAYAT, HOSUR. 4. PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT, HOSUR. SHRI. CHINNAPPA S/O DUNDAPPA YADAL, SINCE DECEASED BY HIS LR’S. 5. SHRI. SOMAPPA S/O CHINANAPPA YADAL, AGE ABOUT 48 YEARS, OCC: AGRICULTURE, R/O: HOSUR, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI. 6. SHRI. SHANKAREPPA S/O CHINNAPPA YADAL, AGE ABOUT 42 YEARS, OCC: AGRICULTURE, R/O: HOSUR, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI. 7. SMT. SHANTAVVA W/O DUNDAPPA YADAL, - 3 - NC: 2025:KHC-D:4336 WP No. 104024 of 2016 AGE ABOUT 72 YEARS, OCC: HOUSEHOLD WORK, R/O: HOSUR, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI. 8. SMT. SHILPA W/O SIDDARAMAYYA SHIVANNARVAR, AGE ABOUT 40 YEARS, OCC: HOUSEHOLD WORK, R/O: KULLOLLI, TALUKA: BAILHONGAL, DISTRICT: BELAGAVI. 9. SMT. DEEPA W/O MADIWALEPPA ARALIKARAD, AGE ABOUT 45 YEARS, OCC: AGIRICULTURE, R/O: MURKIBHAVI, TALUKA: BAILHONGAL, DISTRICT: BELAGAVI. 10. SHRI. MANIKANTH S/O DUNDAPPA YADAL, AGE ABOUT 40 YEARS, OCC: AGRICULTURE, HOSUR, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI. 11. SMT. RUDRAVVA S/O TAMMANNA MALAGI, AGE ABOUT 36 YEARS, OCC: HOUSEHOLD WORK, R/O: UDIKERI, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI. 12. SMT. SOMAVVA W/O MALLAPPA BETSUR, AGE ABOUT 38 YEARS, OCC: AGRICULTURE, R/O: HARUGOPPA, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI. … RESPONDENTS (BY SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R1-R4; SRI. MALLIKARJUN B. MADANALLI, ADVOCATE R5-R12) - 4 - NC: 2025:KHC-D:4336 WP No. 104024 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 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 Sri.Sangram S.Kulkarni., counsel for the petitioners and Sri.V.Shivaraj Hiremath., counsel for respondents 1 to 4 have appeared in person. 2. The captioned Writ Petition is filed seeking Writ of Certiorari to set aside the impugned order bearing Zi.Pam.Be/Adhyaksharu/ Appeal No.3/15-16 dated:16.01.2016 vide Annexure-C passed by the President, Zilla Panchayat, Belagavi and confirm the order vide Annexure-B passed by the Executive Officer, Taluka Panchayat, Saundatti dated:21.02.2024 bearing No.TaPamSa:Melmanavi:Viva: 08/11/12. 3. The short facts are these: The Executive Officer, Taluka Panchayat, Saundatti passed the order on 21.02.2014 under Section 269 of Karnataka Grama Swaraj and Panchayat Act, 1993. Aggrieved - 5 - NC: 2025:KHC-D:4336 WP No. 104024 of 2016 by the said order, respondents 5 to 12 preferred an appeal before the first respondent. The first respondent vide order dated:16.01.2016 allowed the appeal. Under these circumstances the petitioners have filed the captioned Writ petition on several grounds as setout in the Memorandum of Writ Petition. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 5. Counsel for the respective parties fairly submits that the appeal before the first respondent is not maintainable, because of Section 269(2) of Karnataka Grama Swaraj and Panchayat Act, 1993. The oral submission made by counsel for the respective parties is placed on record. 6. A perusal of the above said provision makes it very clear that under the said provision any decision taken by the Executive Officer shall be final. Hence, the second appeal before the first respondent is not maintainable. The first respondent has overlooked this aspect of the matter and has - 6 - NC: 2025:KHC-D:4336 WP No. 104024 of 2016 erroneously gone ahead with the appeal and allowed the same which in my opinion is unsustainable in law. Hence, this Court deems it proper to quash Annexure-C. 7. The Writ of Certiorari is ordered. The order bearing Zi.Pam.Be/Adhyaksharu/ Appeal No.3/15-16 dated:16.01.2016 passed by the President, Zilla Panchayat, Belagavi vide Annexure-C is quashed and the order dated:21.02.2024 bearing No.TaPamSa:Melmanavi: Viva:08/11/12 passed by the Executive Officer, Taluka Panchayat, Saundatti vide Annexure-B is confirmed. Respondents 5 to 12 may take recourse of law if so, advised before the appropriate forum. 8. Resultantly, the Writ Petition is allowed. Because of disposal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP LIST NO.: 1 SL NO.: 56