- 1 - HC-KAR NC: 2025:KHC:50207 WP No. 28655 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 28655 OF 2023 (LB-RES) BETWEEN: 1. ASHWINI, D/O K. ARUN HEGDE, AGE: 37 YEARS, 2. PRAJESH KUMAR HEGDE, S/O K. ARUN HEGDE, AGE: 33 YEARS, BOTH ARE RESIDING AT HOUSE NO.2-23(1), "MATHA PITHA KRAPA", KOTATHATTU VILLAGE, KOTA POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576 221. …PETITIONERS (BY SRI. PRASANNA V.R., ADVOCATE) AND: 1. THE EXECUTIVE OFFICER /ADMINISTRATOR, BRAHMAVARA TALUK PANCHAYATH, BRAHMAVARA, UDUPI DISTRICT-576 213. 2. KOTATHATTU GRAMA PANCHAYATH, REP. BY ITS PANCHAYATH DEVELOPMENT OFFICER, KOTATHATTU VILLAGE, KOTA POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576 221. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50207 WP No. 28655 of 2023 3. SRI. H. PRAMOD HANDE, S/O. VAIKUNTA HANDE, AGED ABOUT 52 YEARS, MEMBER, KOTATHATTU GRAMA PANCHAYATH, KOTATHATTU VILLAGE, KOTA POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576 221 4. SMT. JYOTHI, W/O. SRINIVAS POOJARI, AGED ABOUT 44 YEARS, MEMBER, KOTATHATTU GRAMA PANCHAYATH, KOTATHATTU VILLAGE, KOTA POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576 221 …RESPONDENTS (BY SRI. ASHOK N. NAYAK, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE APPEAL PRESENTED ON 29/11/2023 UNDER SECTION 237(1) OF THE KARNATAKA GRAMA SWARAJ AND PANCHAYATH RAJ ACT, 1993 AND ALSO INTERLOCUTORY APPLICATION FILED BY THE PETITIONERS SEEKING TO STAY/SUSPEND THE RESOLUTION DATED 04/11/2023 IN NO. 1/2023-24 IN SO FAR AS PROPOSING TO LAY CONCRETE TOPPING ON THE ALLEGED ROAD IN FRONT OF "BELLADA GANAPATHI" PASSED BY THE 2ND RESPONDENT GRAMA PANCHAYATH, VIDE ANNEXURE-A AND A-1 RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 3 - HC-KAR NC: 2025:KHC:50207 WP No. 28655 of 2023 ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct the respondent No.1 to consider the appeal filed on 29.11.2023 under Section 237(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (henceforth referred to as 'the Act, 1993') as well as an interlocutory application filed therein for suspension and quashing of the resolution dated 04.11.2023 in No.1/2023-24 in so far as it relates to laying concrete on the alleged road in front of Bellada Ganapathi. 2. (i) The petitioners claim to be the owners of 23.75 cents in survey No.191/9A4 of Kotathattu Village, Brahmavara Taluk, Udupi District, which is bound on the east by: National Highway, south by: a passage, west by: haadi of Parameshwara Somayaji and north by: house site of Ganapathi Shanubogh. The petitioners claim that the southern boundary is an ancient watercourse which also serves as a drainage for the rainwater collected in the land as well as in the surrounding lands and also from the highway situated on the eastern side. It is contended that but for the watercourse, the properties on - 4 - HC-KAR NC: 2025:KHC:50207 WP No. 28655 of 2023 either side would be submerged. It is also contended that this watercourse is being used by the residents for a long time and is essential for the lands adjacent to it. (ii) The respondent No.2 requested the predecessor of the petitioners and other adjoining owners to leave some space for widening the voni to facilitate their two wheelers to pass. Accordingly, the predecessor of the petitioners and others conceded to leave a small portion of their property on either side of the passage so that the passage is about 06 feet wide. (iii) The respondent No.2 on the pretext of forming the road under the 12th financial plan for the year 2011-12 prepared a work plan at an estimated cost of Rs.31,000/-. The petitioners alleged that the respondent No.2 started dumping mud on the existing watercourse, which compelled the petitioners to file OS No.56/2012 before the learned Civil Judge and JMFC, Kundapura. The respondent No.2 stopped the work and from then on the petitioners and others have been benefited from the watercourse. Thereafter, the suit was transferred to the Court of Civil Judge and JMFC, Brahmavara and it is re-numbered as OS No.1150/2023. - 5 - HC-KAR NC: 2025:KHC:50207 WP No. 28655 of 2023 (iv) In the meanwhile, the petitioners realized that the resolution passed by the Panchayat has to be challenged in an appeal and accordingly, they have filed an appeal under Section 237(1) of the Act, 1993, where they sought for suspension of the resolution passed by the respondent No.2. The petitioners contend that the said appeal is not considered and therefore, they are before this Court seeking a direction to the respondent No.1 to consider the appeal. 3. The learned counsel for the petitioners submitted that the appeal is pending consideration since the year 2023 and even after two years, nothing much has happened. He therefore prays that a direction be issued. He also prays that until the appeal is considered, the respondent No.2 should be directed not to give effect to the resolution dated 04.11.2023. 4. The learned counsel for the respondent No.1 submitted that the appeal would be taken up for consideration and disposed off in accordance with law. He also submits that the application filed by the petitioners for stay of the resolution would also be considered and disposed off in accordance with law. - 6 - HC-KAR NC: 2025:KHC:50207 WP No. 28655 of 2023 5. In that view of the matter, the writ petition is disposed off, directing the respondent No.1 to consider the appeal filed by the petitioners as well as the application filed by them for stay of the resolution passed by the respondent No.2 in accordance with law, at any rate within a period of three months from the date of receipt of a copy of this order. 6. In view of an interim protection granted by this Court in terms of an order dated 20.12.2023, the resolution passed by the respondent No.2 dated 04.11.2023 in so far as it relates to laying concrete on the alleged road in front of Bellada Ganapthi is stayed till the disposal of the application for stay before the respondent No.1. 7. All contentions are kept open. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 9