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2025 DAILYLAW 8377 (KAR)

MADHUKESHWAR S/O DYAWA CHANNAYYA v. THE ASSISTANT COMMISSIONER SIRSI

WP/107631/2024 · 2025-01-07

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC-D:136 WP No. 107631 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107631 OF 2024 (LB-RES) BETWEEN: MADHUKESHWAR S/O. DYAWA CHANNAYYA, AGE: 44 YEARS, OCC: UPADHYAKSHA AND AGRI., R/O. SUGAVI VILLAGE, TQ: SIRSI, DIST: UTTARA KANNADA-581318. …PETITIONER (BY SRI. SADIK KANVI, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER SIRSI, OFFICE AT: OFFICE OF THE ASSISTANT COMMISSIONER & SUB DIVISIONAL MAGISTRATE, TQ: SIRSI, DIST: UTTARA KANNADA-581401. 2. PRASANNA S/O. SITARAM HEGADE, AGE: 55 YEARS, OCC: BUSINESS, R/O. BEGALE VILLAGE, SUGAVI PANCHAYAT, TQ: SIRSI, DIST: UTTARA KANNADA-581318. 3. GANESH S/O. NARASIMHA JOSHI, AGE: 50 YEARS, OCC: BUSINESS, R/O . SUGAVI VILLAGE, TQ: SIRSI, DIST: UTTARA KANNADA-581318. 4. CHANDRASHEKHAR S/O. TIMMAPPA NAYAK, AGE: 47 YEARS, OCC: BUSINESS, R/O. BIDRALLI VILLAGE, SUGAVI PANCHAYAT, TQ: SIRSI, DIST: UTTARA KANNADA-581318. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:136 WP No. 107631 of 2024 5. SMT. LALITA W/O. ANANT JOGI, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. VADDINAKOPPA VILLAGE, SUGAVI PANCHAYAT, TQ: SIRSI, DIST: UTTARA KANNADA-581318. 6. SMT. NIRMALA W/O. MAILARI CHALAWADI, AGE: 46 YEARS, OCC: BUSINESS, R/O. BEGALE VILLAGE, SUGAVI PANCHAYAT, TQ: SIRSI, DIST: UTTARA KANNADA-581318. 7. SMT. MAMATA W/O. RAJAPPA H., AGE: 47 YEARS, OCC: BUSINESS, R/O SUGAVI VILLAGE, TQ: SIRSI, DIST: UTTARA KANNADA-581318. 8. SMT. LALITA W/O. MOHAN NAYAK, AGE: 44 YEARS, OCC: BUSINESS, R/O SUGAVI VILLAGE, TQ: SIRSI, DIST: UTTARA KANNADA-581318. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; SRI. GIRISH V. BHAT, ADVOCATE FOR R6) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE NOTICE DATED 02-12-2024 ISSUED BY RESPONDENT NO.1 FOR THE MOTION OF NO-CONFIDENCE AGAINST THE PETITIONER. PRODUCED AT ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:136 WP No. 107631 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following reliefs: I. Issue a writ of certiorari or any other appropriate writ, order or direction to quash the notice dated 02-12-2024 issued by Respondent no.1 for the motion of no-confidence against the petitioner. Produced at ANNEXURE-B. II. Pass any such other order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case. 2. The subject matter of the above petition is covered by an order dated 18.12.2024, passed by the Coordinate Bench of this Court in W.P.No.107065 of 2024 and other connected matters. 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 - 4 - NC: 2025:KHC-D:136 WP No. 107631 of 2024 Gram Panchayats to initiate the process, in cases 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. iv. All questions are left open to be decided in appropriate cases, if any, filed, including the issue of maintainability and locus, as and when required. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 27