- 1 - NC: 2025:KHC:15756 WP No. 25012 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 25012 OF 2024 (LB-RES) BETWEEN: 1. SMT. YOGESHWARI S/O. BASAVARAJU, AGED ABOUT 45 YEARS, R/AT: DODDAHULIKUNTE VILLAGE, HULIKUNTE HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 113. … PETITIONER (BY SRI. DASAPPA B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ, M.S. BUILDING, BANGALORE-560 001. 2. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, TUMKUR, TUMKUR DISTRICT-572 101. 3. EXECUTIVE OFFICER TALUK PANCHAYATH, SIRA TALUK, TUMKUR DISTRICT-572 137. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15756 WP No. 25012 of 2024 4. PANCHAYATH DEVELOPMENT OFFICER GRAMA PANCHAYATH HULIKUNTE, HULIKUNTE HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 113. 5. DODDALINGAIAH S/O. LATE LINGANNA, AGED ABOUT 80 YEARS, R/AT HULIKUNTE, HULIKUNTE HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 113. … RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1; SRI A. NAGARAJAPPA, ADVOCATE FOR R2; SRI LAKSHMIKANTH K., ADVCOATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 29.05.2024 IN APPEAL NO. K.P.R(A)NO.01/019 (ANNEXURE-A) PASSED BY THE R-3 / EXECUTIVE OFFICER, SIRA TALUK, PREFERRED BY THE R-5 UNDER SECTION 269(1) AND (2) OF PANCHAYATH RAJ ACT, CANCELLING THE MR NO. 19/2007-08 DTD. 28.04.2007 STANDING IN THE NAME OF PETITIONER IN RESPECT OF SITE MEASURING EAST-WEST: 15 FEET, NORTH-SOUTH: 20 FEET, SITUATED AT HULIKUNTE VILLAGE, HULIKUNTE HOBLI, SIRA TALUK TUMKUR DISTRICT AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 3 - NC: 2025:KHC:15756 WP No. 25012 of 2024 ORAL ORDER The petitioner has sought for setting aside of the order dated 29.05.2024 at Annexure-A passed by the Executive Officer, Taluk Panchayat, Sira in Appeal No.1/2019. 2. Though various contentions have been raised, it is pointed out that the appeal filed by the petitioner herein who was the first respondent in the appeal proceedings was disposed off a day prior to the date fixed for conduct of proceedings. 3. It is pointed out that, in terms of Annexure-L, Appeal No.1/2019 was to be taken up on 30.05.2024, however it is pointed out that the order itself has been pronounced on 29.05.2024. It is submitted that the petitioner was not afforded sufficient opportunity and the date of hearing was fixed as 30.05.2024. Hence, the question of concluding the proceedings and pronouncing the orders on 29.05.2024 does not arise. - 4 - NC: 2025:KHC:15756 WP No. 25012 of 2024 4. Therefore, solely on such ground, the order at Annexure-A is set aside. The matter is remitted back for fresh consideration to the Executive Officer, Taluk Panchayat, Sira. All contentions are kept open. The matter to be resumed from the stage it was as on 29.05.2024. Parties shall appear without notice before the Executive Officer on 28.04.2025. Sd/- (S SUNIL DUTT YADAV) JUDGE NP