- 1 - NC: 2025:KHC-D:3546 WP No. 101317 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101317 OF 2025 (LB-RES) BETWEEN: SMT. BASAMMA W/O GOPALA AGE. 46 YEARS, OCC. HOUSE MAKER, R/O SREEDHARAGADDE VILLGE, TQ AND DIST. BALLARI-583103 …PETITIONER (BY SRI. SANJAY CHANAL, ADVOCATE) AND: 1) THE STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560 001. 2) THE ASSISTANT COMMISSIONER COMMISSIONER OFFICE, BALLARI TQ & DIST: BALLARI 583 101 3) B. HEMA W/O H. M. MANJUNATH AGE: 35 YEARS, OCC: HOUSE MAKER 4) U. RADHA W/O MALLANAGOUDA AGE: 56 YEARS, OCC: HOUSE MAKER ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.28 12:41:34 +0530 - 2 - NC: 2025:KHC-D:3546 WP No. 101317 of 2025 5) Y. NEELAMMA W/O BASAVARAJ AGE: 59 YEARS, OCC: HOUSE MAKER 6) T. NAGARATNA W/O T. MALLIKARJUN AGE: 53 YEARS, OCC: HOUSE MAKER 7) VEERABASAMMA W/O SANGAPPA AGE: 45 YEARS, OCC: HOUSE MAKER. 8) N. LAXMI W/O PARASHURAM AGE: 46 YEARS, OCC: HOUSE MAKER 9) C. RADHAMMA W/O GOVERDHAN AGE: 47 YEARS, OCC: HOUSE MAKER 10) NAGAMMA W/O TIMMAREDDI AGE: 49 YEARS, OCC: HOUSE MAKER 11) PADMA W/O SRINIVAS RAO AGE: 35 YEARS, OCC: HOUSE MAKER. 12) RAJESHWARI W/O RATAN AGE: 38 YEARS, ОСС: HOUSE MAKER 13) HANUMANTAMMA W/O NAGAPPA AGE: 46 YEARS, OCC: AGRICULTURE. 14) PARWATI W/O DEVANNA AGE 39 YEARS, - 3 - NC: 2025:KHC-D:3546 WP No. 101317 of 2025 OCC: HOUSE MAKER 15) GALEPPA S/O SINGAREPPA AGE 48 YEARS, OCC. AGRICULTURE 16) D. ANJANEYA S/O DASAPPA AGE: 56 YEARS, OCC:AGRICULTURE 17) BASAVARAJ S/O VARAGAPPA AGE: 40 YEARS, OCC: AGRICULTURE 18) A. K. PRAKASH S/O GADILINGAPPA AGE: 45 NEARS, OCC. AGRICULTURE, 19) VIRUPAXAPPA S/O GURUSIDDAPPA AGE: 40 YEARS, OCC. AGRICULTURE 20) N HULLEPPA S/O AYYAPPA AGE: 40 YEARS, OCC: AGRICULTURE 21) M. BASAVARAJ S/O M. KALYANAPPA AGE: 49 YEARS, OCC: AGRICULTURE 22) A. PAMPANNA S/O MAREPPA AGE: 46 YEARS, OCC: AGRICULTURE 23) HUCHAPPA S/O MALLESHAPPA AGE: 42 YEARS, OCC: AGRICULTURE 24) U. SHIVARAJGOUDA S/O MALLANAGOUDA - 4 - NC: 2025:KHC-D:3546 WP No. 101317 of 2025 AGE: 65 YEARS, OCC: AGRICULTURE, 25) SANNARUDRAPPA S/O TIPPESWAMI AGE: 50 YEARS, OCC: AGRICULTURE 26) P MADARSAB S/O SAIBANNA AGE: 49 YEARS, OCC: AGRICULTURE 27) KALPANA W/O VENKATESH AGE: 40 YEARS, OCC: HOUSE MAKER ALL RESPONDENTS NO. 3 TO 25 WERE R/O: SHREEDHARGADDE TQ & DIST: BALLARI 583 103 …RESPONDENTS (BY SRI. M.M. KHANNUAR., AGA FOR R1 & R2; NOTICE TO R3 TO R27 ID D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE NOTICE DATED 28/01/2025 BEARING NO.SAM.KAM/CHUNA/AVISHWASA CHUNAVANE/34/2024-25 ISSUED BY 2ND RESPONDENT AUTHORITY IS PRODUCED AND MARKED AS PRODUCED AT ANNEXURE-D AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 5 - NC: 2025:KHC-D:3546 WP No. 101317 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 and 2. 2. Notice to respondents No.3 to 27 is dispensed with in view of the proposed order to be passed. 3. The petitioner is before this Court seeking for the following reliefs: a. Issue Writ in the nature of certiorari by quashing the notice dated 28.01.2025 bearing No. SAM.KAM/CHUNA/AVISHWASACHUNAVANE/34/ 2024-25 issued by the R2 authority is produced and marked as produced at Annexure-D. b. Issue any other writ or directions which this Hon’ble Court may deem fit under the facts and circumstances of the case in the interest of justice and equity. 4. The petitioner is before this Court aggrieved by the notice dated 28-1-2025 issued by respondent No.2- Assistant Commissioner fixing the date for - 6 - NC: 2025:KHC-D:3546 WP No. 101317 of 2025 consideration of No-confidence motion against the petitioner on 21.02.2025 at 11.00 a.m. 5. The submission made by the learned counsel for the petitioner is that the requisition in Form-I dated 27-1-2025 is not in terms of the format and secondly that the endorsement found on Annexure-C ‘issue notice’ is that of the case worker and not of the Assistant Commissioner and as such, he submits that the Assistant Commissioner has not issued the notice. 6. Annexure-C is the requisition in terms of Form-I. The notice is at Annexure-D dated 28-1-2025. A perusal of the said notice indicates that the same is in terms of Form-II of sub-rule (2) of Rule 3 of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha & Upadhyaksha of Gram Panchayat) Rules, 1994 and has been signed by the Assistant Commissioner therefore issued by the Assistant Commissioner. The endorsement on - 7 - NC: 2025:KHC-D:3546 WP No. 101317 of 2025 Annexure-C is immaterial so long as the notice has been issued by the Assistant Commissioner. No grounds being made out, the Writ Petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 1