- 1 - HC-KAR NC: 2025:KHC-D:11958 WP No. 104031 of 2015 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 104031 OF 2015 (S-RES) BETWEEN: 1. THE GRAM PANCHAYAT KATAKBHAVI, REPRESENTED BY ITS PRESIDENT, YALLAWWA BASAPPA WALAPPGOL, TQ: RAIBAG, DIST: BELAGAVI …PETITIONER (BY SRI SUNIL S. DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, BANGALURU-01. 2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT BELAGAVI, DIST: BELAGAVI. 3. BHEEMAPPA S/O CHANNAPPA DESAI, AGED: ABOUT 32 YEARS, OCC: CLERK, KATAKBHAVI GRAM PANCHAYAT, TQ: RAIBAG, DIST: BELAGAVI. …RESPONDENTS (BY SRI ASHOK T. KATTIMANI, AGA FOR R-1, SRI. DEEPAK S. KULKARNI, ADVOCATE FOR R-3, R-2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER BEARING NO.ZILLAPAN/DEVELOPMENT.GRAMPANC/ APPEAL/VIVA:26/11-12 DATED 28-02-2015 PASSED BY RESPONDENT NO.2 AS PER ANNEXURE-E AS ARBITRARY, ILLEGAL AND VOID, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11958 WP No. 104031 of 2015 WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this petition, petitioner seeks the following reliefs. (i) Set aside the impugned order bearing No.ZillaPan/Development/GramPanC/Appeal/Viva: 26/11-12 dated 28.02.2015 passed by Respondent No.2 as per Annexure-E as arbitrary, illegal and void, in the interest of justice and equity. (ii) Issue any other incidental or consequential relief/s as deemed fit in the facts and circumstances of the case and in aid of the main relief sought for, in the interest of justice. 2. A perusal of the material on records will indicate that on 03.09.2010, the 3rd respondent was appointed as a clerk on daily wage basis. On 04.07.2011, the petitioner – Gram Panchayat passed a resolution resolving / deciding to terminate the services of the 3rd respondent. 3. Aggrieved by the said resolution, the 3rd respondent filed appeal dated 26.08.2011 before the 2nd respondent – Appellate Authority, who considered the objections filed by the petitioner – Gram Panchayat dated 10.02.2012 and proceeded to pass the impugned order dated 28.02.2015 setting aside the resolution of the petitioner – Gram Panchayat on the ground that - 3 - HC-KAR NC: 2025:KHC-D:11958 WP No. 104031 of 2015 the same was violative of principles of natural justice in as much as no sufficient or reasonable opportunity was provided / afforded to the 3rd respondent by the petitioner - Gram Panchayat before passing the said resolution. Aggrieved by the impugned order passed by the 2nd respondent – Appellate Authority, the petitioner – Gram Panchayat is before this Court by way of the present petition. 4. A perusal of the impugned order at Annexure – E dated 28.02.2015 passed by the 2nd respondent – Appellate Authority will indicate that, it has considered and appreciated the material on record come to the conclusion that the petitioner - Gram Panchayat had not provided sufficient or reasonable opportunity to the 3rd respondent before passing the impugned resolution, which was violative of principles of natural justice. 5. Learned counsel for the petitioner - Gram Panchayat on instructions submits that, the petitioner – Panchayat would issue of fresh / new notice to the 3rd respondent and provide sufficient and reasonable opportunity to the 3rd respondent and proceed further in accordance with law. It is however submitted - 4 - HC-KAR NC: 2025:KHC-D:11958 WP No. 104031 of 2015 that, the findings recorded by the 2nd respondent - Appellate Authority on merits may be set aside. 6. Per contra, learned counsel for the 3rd respondent submits that, if the petitioner – Gram Panchayat issues a fresh / new notice to the 3rd respondent, he would submit his reply and contest the proceedings in accordance with law. 7. In view of the aforesaid facts and circumstances and submission made by both the sides, I deem it just and appropriate to dispose of this writ petition by reserving liberty in favour of the petitioner - Gram Panchayat to issue a fresh / new notice to the 3rd respondent and provide sufficient and reasonable opportunity to the 3rd respondent and proceed further in accordance with law. Liberty is also reserved in favour of the 3rd respondent to submit his reply and contest the show cause notice and proceedings on merits. 8. It is made clear that, the findings and observations recorded by the 2nd respondent – Appellate Authority in the impugned order on merits are hereby set aside and the impugned order is confirmed only on the ground that the - 5 - HC-KAR NC: 2025:KHC-D:11958 WP No. 104031 of 2015 resolution passed by the petitioner - Gram Panchayat removing the 3rd respondent from service was on account of violation of principles of natural justice. 9. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits / demerits of the rival contentions. Sd/- (S.R. KRISHNA KUMAR) JUDGE EM CT:GSM List No.: 1 Sl No.: 14