- 1 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104501 OF 2024 (LB-RES) C/W WRIT PETITION NO. 108194 OF 2018 WRIT PETITION NO. 102977 OF 2021 IN W.P.NO.104501/2024 BETWEEN: 1. ALAWANDI PARAMESHWARAPPA S/O. BASAPPA, AGE. 67 YEARS, OCC. AGRICUTLURE, R/O. RAMESHWAR BANDI, TALUK: H. B. HALLI, DIST: BALLARI – 583 224. 2. RAMAPPA S/O. MARIYAPPABARIKARE, AGE. 38 YEARS, OCC. BUSINESS, R/O. RAMESHWAR BANDI, TALUK: H. B. HALLI, DIST: BALLARI – 583 224. …PETITIONERS (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M S BUILDING, BENGALURU – 560 001. 2. REGIONAL COMMISSIONER, KALBURGI DIVISION, KALABURGI. 3. THE DEPUTY COMMISSIONER, BALLARI, DISTRICT. BALLARI – 583 224, NOW AT VIJAYANAGAR DISTRICT. 4. CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT BALLARI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 DIST. BALLARI – 583 224. NOW AT VIJAYANAGAR DISTRICT. 5. MUTKUR GRAM PANCHAYAT HAGARI BOMMANAHALLI TALUK, BY ITS PANCHAYAT DEVELOPMENT OFFICER, DISTRICT. BALLARI – 583 224, NOW AT VIJAYA NAGAR DISTRICT. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 TO R3; SRI. SHIVARAJ HIREMATH, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 04/10/2021 PRODUCED AT ANNEXURE-D AND E AND CHANGE THE NAME AS RAMESHWARBANDI GRAM PANCHAYATH FROM MUTKUR KITNUR GRAM PANCHAYATH, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., IN W.P.NO.108194/2018 BETWEEN: 1. SRI.T. NETRAPPA S/O. HANUMANTAPPA, AGE: 59 YEARS, MEMBER OF MUTKUR GRAMA PANCHAYATH, R/O: MUNTUR, HAGARI BOMMANAHALLI, BALLARI DISTRICT. 2. HARATE KALAPPPA S/O. MARIYAPPA, AGE: 65 YEARS, MEMBER OF MUTKUR GRAMA PANCHAYATH, R/O: MUNTUR, HAGARI BOMMANAHALLI, BALLARI DISTRICT. 3. SRI. B. PARVATEPPA S/O. BASAPPA, AGE: 60 YEARS, R/O: MUNTUR, HAGARI BOMMANAHALLI, BALLARI DISTRICT. - 3 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 4. SRI. H. ANANTAKUMAR S/O. KANAKAPPA, AGE: 51 YEARS, R/O: MUNTUR, HAGARI BOMMANAHALLI, BALLARI DISTRICT. …PETITIONERS (BY SRI. J. S. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS UNDER SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M. S. BUILDING, BENGALURU. 2. THE DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI. 3. SRI. SANTOSH S LAD, EX. MEMBER OF THE LEGISLASIVE ASSEMBLY, GOVERNMENT OF KARNATAKA, PRESENTLY RESIDENT OF BALLARI, BALLARI DISTRICT. 4. MUTKUR GRAMA PANCHAYAT, HAGARIBOMMANAHALLI TALUK, DISTRICT:BALLARI, BY ITS PANCHAYATH DEVELOPMENT OFFICER. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 AND R2; SRI. SHIVARAJ HIREMATH, ADVOCATE FOR R4; NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE GOVERNMENT ORDER NO. GRA. A. PA 159/GRA.PAN.A.2017 BENGALURU DATED 16.11.2018, PASSED BY THE FIRST RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-"A". ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2, TO CONSIDER THE REPRESENTATIONS DATED 01.06.2018 AND 03.08.2018 MADE BY THE - 4 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 PETITIONERS, THE COPIES OF WHICH HAVE BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-B AND B1 AND NOT TO SHIFT THE EXISTING CENTRAL PLACE OF THE MUTKUR GRAMA PANCHAYATH AND ETC., IN W.P.NO.102977/2021 BETWEEN: 1. PARVATAPPA S/O. BASAPPA SANGANAHALLI, AGE. 60 YEARS, OCC. AGRICULTURE, R/O. MUTKUR VILLAGE, HAGARI BOMMANAHALLI, BALLARI DISTRICT – 583 101. 2. MARUTI S/O. GOVINDAPPA NAYAKAR, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. MUTKUR VILLAGE, HAGARI BOMMANAHALLI, BALLARI DISTRICT – 583 101. 3. SHRI. HEMANTHKUMAR S/O. P. MARUTI, AGE. 30 YEARS, OCC. AGRICULTURE, R/O. MUTKUR VILLAGE, HAGARI BOMMANAHALLI, BALLARI DISTRICT – 583 101. …PETITIONERS (BY SRI. J. S. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S. BUILDING, BENGALURU – 560 001. 2. REGIONAL COMMISSIONER, KALABURAGI DIVISION, KALABURAGI – 585 101. - 5 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 3. THE DEPUTY COMMISSIONER BALLARI DISTRICT, BALLARI – 583 101. 4. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH BALLARI, DISTRICT BALLARI – 583 101. 5. MUTKUR GRAM PANCHAYAT HAGARI BOMMANAHALLI TALUK, DISTRICT BALLARI – 583 101 BY ITS PANCHAYATH DEVELOPMENT OFFICER. 6. ALAWANDI PARAMESHWARAPPA S/O. BASAPPA, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: RAMESHWAR BANDI, TALUK: H.D.HALLI, DIST: BALLARI. 7. RAMAPPA S/O. MARIYAPPA BARIKARE, AGE:38 YEARS, OCC: BUSINESS, R/O: RAMESHWAR BANDI, TALUK: H.D.HALLI, DIST: BALLARI. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 TO R3; SRI V. SHIVARAJ HIREMATH, ADVOCATE FOR R4 AND R5; SRI. JAGADISH PATIL, ADVOCATE FOR R6 AND R7) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER NO.PRAAAGU/JI.PUM/ MELMANAVI/35/2020-21 DATED 5.3.2021, PASSED BY THE 2ND RESPONDENT REGIONAL COMMISSIONER AND APPELLATE AUTHORITY KALBURGI DIVISION KALBURGI. THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-A AND ALSO THE ORDER NO.KAM.CHUNAVANE.68 2015-16 DATED 24.6.2020, PASSED BY THIRD RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE B AND ALSO THE GOVERNMENT ORDER NO.GRA A. PA 159/ GRA PAM.A 2017, BENGALURU DATED 16.11.2018, PASSED BY THE FIRST RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-Q AND ETC., - 6 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) W.P.No.104501/2024 W.P.No.104501/2024 is filed seeking writ of mandamus to direct the respondents to consider the representations dated 04.10.2021 marked at Annexure-D and E. In terms of Annexure- D dated 04.10.2021, the petitioners have submitted a representation to the Deputy Commissioner Ballari/Vijayanagara to shift the Grama Panchayath Headquarter to Rameshwarbandi. Annexure-E is a similar representation addressed to the Chief Executive Officer of Zilla Panchayat, Ballari/Vijayanagara. Annexure-F is a representation dated 07.10.2021 addressed to Executive Officer of Taluk Panchayath, Hagaribommanahalli and Annexure-G is representation dated 05.10.2021 to the Assistant Commissioner, Hosapete and similar representation dated 07.10.2021 is also submitted to the Tahsildar, Hagaribommanahalli. 2. The petitioners claim that the Regional Commissioner, Kalburgi, has passed an order on 05.03.2021 to - 7 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 shift the headquarters of Grama Panchayath from Muthkur to Telgoli Cross of Rameshwarbandi village. W.P.102977/2021 3. W.P.102977/2021 is filed assailing the order dated 24.06.2020 marked at Annexure-A and order dated 16.11.2018 marked at Annexure-Q and also the Annexure-B notification dated 24.06.2020. 4. In terms of Annexure-A, the Regional Commissioner, Kalburgi has directed shifting of headquarters of Grama Panchayath from Muthkur to Telgoli Cross of Rameshwarbandi village and Annexure-B is the notification dated 24.06.2020 issued by Deputy Commissioner and Annexure-Q dated 16.11.2018 is the order passed by the Government to shift the headquarters of Grama Panchayath from Muthkur to Telgoli Cross of Rameshwarbandi village. W.P.No.108194/2018 5. W.P.No.108194/2018 is also filed questioning the order dated 16.11.2018 which directed the shifting of the headquarters of Grama Panchayath from Muthkur to Telgoli - 8 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 Cross of Rameshwarbandi village and in additional to that prayer is also made to consider the representations dated 01.06.2018 and 03.08.2018 marked at Annexures-B and B1 addressed to the Deputy Commissioner of Ballari. 6. Heard the learned counsel appearing for the petitioners in all the three petitions as well as the learned counsel appearing for the respondents and learned AGA. 7. The dispute in these cases is relating to shifting of the headquarters of Grama Panchayath from Muthkur to Telgoli Cross of Rameshwarbandi village. 8. Learned counsel for the petitioner in W.P.No.108194/2018 and W.P.No.102977/2021 would submit the procedure contemplated under Section 4 of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 (‘Act of 1993’) is not followed while passing the order dated 16.11.2018 and the subsequent orders passed by the Regional Commissioner of Kalburgi as well as the Deputy Commissioner of Ballari. 9. Learned counsel for the petitioners in W.P.No.108194/2018 and W.P.No.102977/2021 would contend - 9 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 that the Government has no power to shift the headquarter of the Panchayat under Section 4 of Act of 1993. Its power is only confined to declaration of panchayat area and in case the headquarter of the panchayat has to be shifted, then the procedure contemplated under Section 4(2) of Act of 1993 has to be followed and it has to be done either at the request of the Grama Panchayat or otherwise and there has to be a publication of the notification proposing change of headquarter and once the notification is published, the person aggrieved is entitled to file application seeking hearing and only after hearing the concerned person and the concerned Grama Panchayath, appropriate orders have to be passed. 10. Learned counsel would submit that notification is dated 25.02.2019 and only 10 days’ time is granted to file objection whereas Section 4(3) contemplates 30 days’ notice. 11. Learned counsel for the petitioner in W.P.104501/2024 would submit that the Government has the power to change the headquarters keeping in mind the convenience of the public and it is his submission that Telgoli cross in Rameshwarbandi Village is more convenient to all the - 10 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 persons residing in all the three villages coming under the Grama Panchayat. Thus, he would contend that there is no procedural illegality in the orders passed. It is also his submission that Government has taken into consideration all the relevant factors and passed the appropriate order. 12. Learned counsel appearing for respondents No.4 and 5 would support the impugned orders on the premise that it would be convenient to all the public residing in three villages as it is in the centre of all the three villages coming under the Panchayat. Learned counsel would also submit that this is the policy decision taken by the Government and not amenable to the judicial review. 13. Learned Government Advocate would also submit that the order is passed keeping in mind the convenience of the public and the order is not susceptible to judicial review. 14. This Court has considered the contentions raised at the bar and perused the records. - 11 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 15. On Perusal of the notification dated 25.02.2019, it is noticed that 30 days’ time is not given to file objection to the proposal made by the Deputy Commissioner. 16. Thus, this Court notices the procedural violation in publishing notification proposing shifting headquarters pursuant to the order dated 16.11.2018. Hence the impugned orders have to be set aside and accordingly set aside. 17. The Deputy Commissioner shall publish the notification proposing shifting of headquarters of Grama Panchayath from Muthkur to Telgoli Cross of Rameshwarbandi village and the public including the petitioners shall have 30 days’ time to file objection from the date of publication. 18. If any such objection/application is filed, same shall be considered by the Regional Commissioner as provided under subsection 3 of Section 4 of Act of 1993. 19. It is also made clear that the Regional Commissioner shall also issue notice to the concerned Grama Panchayat and thereafter pass appropriate orders. - 12 - HC-KAR NC: 2025:KHC-D:14188 WP No. 104501 of 2024 C/W WP No. 108194 of 2018 WP No. 102977 of 2021 20. It is made clear that this Court has not expressed anything on the merits of the claim of either of the parties. 21. All contentions kept open. 22. The Regional Commissioner shall keep in mind the relevant considerations for shifting the Grama Panchayat Headquarter and thereafter pass appropriate orders. 23. The whole exercise shall be completed within 6 months from today. 24. Writ petitions are disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT-ASC List No.: 1 Sl No.: 41