- 1 - NC: 2025:KHC-D:393 WP No. 107776 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107776 OF 2024 (LB-ELE) BETWEEN: S. NANDINI W/O. J. HOLESHI, AGE: 33 YEARS, OCC: ADHYAKSHA, R/O. #107, WARD NO.3, BOMMAGATTA, TQ: SANDUR, DIST: BALLARY-583128. …PETITIONER (BY SRI. V.P. VADAVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-01. 2. THE ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER, SANDUR SUB-DIVISION, SANDUR, BALLARY-583128. 3. THE BOMMAGHATTA GRAM PANCHAYAT, SUBDUR TALUK, DIST: BALLARY-583128, REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER CUM SECRETARY. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R2; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED NOTICE BEARING NO. . 38/2024-25 PASSED BY THE 2ND GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:393 WP No. 107776 of 2024 RESPONDENT DTD. 28/11/2024 (VIDE ANNEXURE-G), AND CONSEQUENTLY ALLOW THE PETITION IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE ANY OTHER ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. 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 reliefs: i. Issue a Writ of certiorari quashing the impugned Notice bearing no. 38/2024-25 passed by the 2nd Respondent dtd. 28/11/2024 (Vide Annexure-G), and consequently allow the petition in the interest of justice and equity. ii. Issue any other order or direction as this Hon’ble court deems fit in the circumstances of the case, in the interest of justice and equity. 2. The subject matter of the above petition is covered by an order dated 19.12.2024 passed by the Coordinate Bench of this Court in W.P.No.107686 of 2024 (LB-ELE). The said order would be equally - 3 - NC: 2025:KHC-D:393 WP No. 107776 of 2024 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. iv. All questions are left open to be decided including the issue of maintainability and the locus, as and when required. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 24