- 1 - HC-KAR NC: 2025:KHC:37161 WP No. 18494 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 18494 OF 2022 (LB-RES) BETWEEN: 1. SRI D S MAREGOWDA S/O LATE SONNAPPA, AGED ABOUT 46 YEARS, GRAMA PANCHAYATH MEMBER, DEVANAGUNDI GRAM PANCHAYAT, DEVANAGUNDI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-560067 …PETITIONER (BY SMT.PAVITHRA N., ADVOCATE FOR SRI.KARTHIK V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560001. 2. THE REGIONAL COMMISSIONER 2ND FLOOR, BMTC BUILDING, KENGAL HANUMANTHAIAH ROAD, SHANTI NAGAR, BENGALURU-560027. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37161 WP No. 18494 of 2022 3. DEVANAGONDI GRAM PANCHAYAT BY ITS PANCHAYAT DEVELOPMENT OFFICER, DEVANAGONDI, HOSAKOTE TALUK-560067 …RESPONDENTS (BY SMT.SPOORTHI V., HCGP FOR R1 AND R2; SRI.M.S.DEVARAJU., ADVOCATE FOR R3;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION QUASHING THE COMMUNICATION LETTER DATED 05.07.2022 IN NO.ABHIVRUDHI/CR.24/2022.23 ISSUED BY THE REGIONAL COMMISSIONER, BENGALURU DIVISION, BENGALURU A COPY OF WHICH IS PRODUCED AT ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner was serving as president of Devanagundi Gram Panchayat. On the ground that he has forcibly taken the resolution book and has not returned the same, the proceedings have been initiated against him - 3 - HC-KAR NC: 2025:KHC:37161 WP No. 18494 of 2022 under Section 43-A and 48(4) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. 2. The case of the petitioner is that he is not guilty of the allegations made against him and even otherwise, the impugned notice has been issued without jurisdiction. 3. Per contra, the learned counsel for respondent No.3, upon instructions, submits that the impugned notice has been issued by a competent authority and what has been issued to the petitioner is only a show cause notice and if the petitioner were to reply to the same, it would be considered in accordance with law. He further submits that the petitioner is at liberty to raise the issue of jurisdiction also if required. 4. What is challenged in the instant writ petition is only the show cause notice issued under Section 43-A and 48(4) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. Hence, in my opinion, it would be appropriate to direct the petitioner to reply to the said show cause - 4 - HC-KAR NC: 2025:KHC:37161 WP No. 18494 of 2022 notice and in turn, direct the authorities concerned to initiate action against the petitioner only if he is found to be guilty of the allegations and not otherwise. 5. Hence, I proceed to pass the following: ORDER i. The Writ Petition is hereby disposed of. ii. The petitioner is granted three (03) weeks time from today to reply to the impugned show cause notice dated 05.07.2022, issued by respondent No.2 (vide Annexure-G to the writ petition). iii. The petitioner is permitted to raisem all necessary contentions, including the jurisdictional aspect. iv. The concerned authority shall process the reply of the petitioner in accordance with law - 5 - HC-KAR NC: 2025:KHC:37161 WP No. 18494 of 2022 and only thereafter initiate appropriate action as contemplated in law. Sd/- (M.I.ARUN) JUDGE CH