SRI RAMA ANNAPPA SAVASUDDI v. THE STATE OF KARNATAKA
WP/13799/2025 · 2025-07-28
C M Joshi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 39796 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39796 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28827-DB WP No. 13799 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT PETITION NO. 13799 OF 2025 (LB-RES-PIL)
BETWEEN:
1.
SRI RAMA ANNAPPA SAVASUDDI S/O. ANNAPPA SAVASUDDI AGED ABOUT 44 YEARS OCC: AGRICULTURE R/O BOMMANAL VILLAGE RAIBAG TALUK, BOMMANAL NIDAGUNDI BELGAUM - 591 317
2.
SRI HALAPPA BAGI S/O. BALAPPA AGED ABOUT 36 YEARS OCC: AGRICULTURE R/O BOMMANAL VILLAGE BELGAUM, NIDAGUNDI BELGAUM - 591 317
3.
SRI. BHAIRU DHANAPAL KAMBLE S/O. DHANAPAL KAMBLE AGED ABOUT 33 YEARS OCC: AGRICULTURE R/O. BOMMANAL VILLAGE BELAGAVI, NIDAGUNDI BELGAUM - 591 317
4.
SRI GULAPPA MASAGONDE S/O. SIDDAPPA
Digitally signed by AMBIKA H B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:28827-DB WP No. 13799 of 2025
AGED ABOUT 38 YEARS OCC: AGRICULTURE BIRANAL VILLAGE BIRANAL, BYAKUD BELGAUM - 591 317
5.
SRI SUBHAS YALLAPPA NAIK S/O. YALLAPPABHIMAPPA NAIK AGED ABOUT 39 YEARS OCC: AGRICULTURE BIRANAL VILLAGE RAIBAG TALUK BELGAUM - 591 317 …PETITIONERS (BY SRI S.P. KULKARNI, SENIOR ADVOCATE FOR SRI K.M. VASANTHA KUMAR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATHH RAJ VIDHANA SOUDHA BANGALORE - 560 001
2.
THE DEPUTY COMMISSIONER BELGAUM DISTRICT BELGAUM - 590 001
3.
THE TAHSILDAR RAIBAG TALUK RAIBAG - 591 317 DIST. BELGAUM
4.
THE GRAMA PANCHAYATH BYAKUD - 591 317 RAIBAG TALUK DIST- BELGAUM REPT. BY ITS CHAIRMAN …RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1 TO 3)
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HC-KAR NC: 2025:KHC:28827-DB WP No. 13799 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTION OR ANY APPROPRIATE ORDER IN THE PUBLIC INTEREST, DIRECTING THE RESPONDENT AUTHORITIES TO BIFURCATE AND SEPARATE BOMMANAL AND BIRNAL VILLAGES FROM THE BYAKUD GRAM PANCHAYATH.
FURTHERMORE, DIRECT THE RESPONDENT AUTHORITIES TO SANCTION AND ESTABLISH THE BOMMANAL GRAM PANCHAYATH, ENCOMPASSING BOTH BOMMANAL AND BIRNAL VILLAGES, AS AN INDEPENDENT ENTITY & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. Issue notice. The learned Additional Government Advocate accepts notice on behalf of respondent Nos.1 to 3.
2. The petitioners have filed the present petition, inter alia, praying as under:
"i. Issue a writ of mandamus, direction, or any appropriate order in the public interest, directing the respondent authorities to bifurcate and separate Bommanal and Birnal villages from the Byakud Gram Panchayath.
Furthermore, direct the respondent authorities to sanction and establish the Bommanal Gram Panchayath, encompassing both
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HC-KAR NC: 2025:KHC:28827-DB WP No. 13799 of 2025
Bommanal and Birnal villages, as an independent entity, in the interest of justice and equity.
ii. Alternatively, direct the Respondent No.2 authority to consider the request/representation dated 02.09.2020 (Vide Annexure-A) of the public of Bommanal and Birnal villages regarding the formation and establishment of an independent Bommanal Gram Panchayath, bifurcating it from the jurisdiction of the Byakud Gram Panchayath.
iii. Grant such other and further reliefs as may be deemed just and appropriate, including the costs of this petition, in the interest of justice and equity."
3. The learned Senior Counsel appearing for the petitioners has confined the prayer in the present petition to the second prayer; that is to direct respondent No.2 to consider their representation dated 02.09.2020. The petitioners claim to be residents of Bommanal and Birnal villages and it is their prayer that the said two villages, Bommanal and Birnal, be bifurcated from the Panchayat of the Byakud Village and the directions be issued for constitution of separate panchayats in these villages. The petitioners claim that the two villages satisfy all the conditions of having an independent panchayat.
4. We do not consider it apposite to examine this question, at this stage, as the petitioners have confined their prayer to seeking
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HC-KAR NC: 2025:KHC:28827-DB WP No. 13799 of 2025
that their representation to the aforesaid effect be considered and
disposed of.
5. We, accordingly, direct respondent No.2 to consider the petitioners' representation dated 02.09.2020 and take such steps as may be warranted in accordance with law. We request respondent No.2 to consider the representation as expeditiously as possible; and preferably within a period of four months from date.
6. The petition is, accordingly, disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
AHB List No.: 1 Sl No.: 17