SMT C R SHOBHA W/O C R VIRUPAXASHREDDI v. THE STATE OF KARNATAKA
WP/107625/2024 · 2025-01-09
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8310 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8310 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:358 WP No. 107625 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107625 OF 2024 (LB-ELE) BETWEEN:
SMT. C.R. SHOBHA W/O. C.R. VIRUPAXASHREDDI, AGE: 47 YEARS, OCC: HOUSE MAKER, R/O. CHANALU VILLAGE, TQ: AND DIST: BALLARI-583155. …PETITIONER (BY MRS. PRIYANKA Y. UPADYA, ADVOCATE FOR SRI. SANJAY CHANAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001, REPRESENTED BY PRINCIPAL SECRETARY. 2. THE ASSISTANT COMMISSIONER, COMMISSIONER OFFICE, BALLARI - 583101. 3. THE P.D.O.
GRAM PANCHAYAT OFFICE, CHANALU VILLAGE, TQ & DIST: BALLARI – 583155. 4. H. ANUSUYAMMA W/O. HUCHHAPPA AGE: 35 YEARS, OCC: HOUSE MAKER R/O: D KAGGALU VILLAGE, TQ & DIST: BALLARI – 583155. 5. BHAGYAMMA W/O. SANNAIRAPPA AGE: 40 YEARS, OCC: HOUSE MAKER R/O: D KAGGALU VILLAGE, TQ & DIST: BALLARI – 583155. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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NC: 2025:KHC-D:358 WP No. 107625 of 2024
6. B. VANNAMMA W/O. B. GANGADHAR, AGE: 40 YEARS, OCC: HOUSE MAKER R/O: D KAGGALU VILLAGE, TQ & DIST: BALLARI – 583155. 7. M. CHANDRAMMA W/O. CHITRASHEKARAPPA, AGE: 45 YEARS, OCC: HOUSE MAKER, R/O: CHANALU VILLAGE, TQ & DIST: BALLARI – 583155. 8. PUSHPLATHA W/O. M. ASHOK REDDY, AGE: 40 YEARS, OCC: HOUSE MAKER R/O: CHANALU VILLAGE, TQ & DIST: BALLARI – 583155. 9. ANBABBA W/O. T. MAREYAPPA, AGE: 50 YEARS, OCC: HOUSE MAKER, R/O: CHANALU VILLAGE, TQ & DIST: BALLARI – 583155. 10. CHUDAKI LAKSHMIPATHI S/O. CHUDAKI ARJUNAPPA, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: D KAGGALU VILLAGE, TQ & DIST: BALLARI – 583155. 11. K. RAJASHEKAR S/O. SIDDARAMAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: D KAGGALU VILLAGE, TQ & DIST: BALLARI – 583155. 12. P. MABUSABHA S/O. P. SANNARAJSABHA, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: D KAGGALU VILLAGE, TQ & DIST: BALLARI – 583155. 13. A. BASAVANGOUDA S/O. A. TIMMAREDDI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: CHANALU VILLAGE, TQ & DIST: BALLARI – 583155. 14. G. CHANNAPPA S/O. G. PAMPPAPATHI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: CHANALU VILLAGE, TQ & DIST: BALLARI – 583155. - 3 -
NC: 2025:KHC-D:358 WP No. 107625 of 2024
15. V. HANUMATHAPPA S/O. SANNANAGAPPA, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: CHANALU VILLAGE, TQ & DIST: BALLARI – 583155.
…respondents (BY SRI. V.S. KALASURMATH, AGA FOR R1-R2;
SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R3;
SRI. Y. LAKSHMIKANT REDDY, ADVOCATE FOR R4-R15)
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 04/12/2024 BEARING NO. /39/2024-25 ISSUED BY 2ND RESPONDENT AUTHORITY IS PRODUCED AND MARKED AS PRODUCED AT ANNEXURE-E. (PG. NO. 15). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking the following relief: i. Issue a writ in the nature of certiorari by quashing the notice dated 04/12/2024 bearing no. /39/2024-25 issued by 2nd respondent authority is produced and marked as produced at ANNEXURE-E.(Pg No:15) ii. 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 -
NC: 2025:KHC-D:358 WP No. 107625 of 2024
2. The subject matter of the above petition is covered by an order dated 19.12.2024 passed by a Coordinate Bench of this Court in W.P.No.107686 of 2024 (LB-ELE). The said order would be equally applicable to the present petition. As such, I pass the following: ORDER i. The writ petition is disposed of. ii. Liberty is reserved to the respondents/ members of the respective Gram Panchayat to initiate the process so required and as advised, in accordance with the provisions of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and the Rules thereunder, and take suitable action in accordance with law. iii. It is made clear that this Court has not adverted to the merits of the matter and no opinion is expressed. - 5 -
NC: 2025:KHC-D:358 WP No. 107625 of 2024
iv.
All questions are left open to be decided including the issue of maintainability and the locus, as and when required. 3. In view of disposal of main petition, I.A.No.1/2025 does not survive for consideration; hence same is also disposed off. Sd/- (SURAJ GOVINDARAJ) JUDGE
CKK CT-MCK List No.: 1 Sl No.: 36