- 1 - NC: 2025:KHC-D:3511 WP No. 100123 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100123 OF 2025 (LB-RES) BETWEEN: 1. SHRI BHIMAPPA FAKEERAPPA MAYANNAVAR AGE 39 YEARS OCC AGRICULTURE R/O TORANAGATTI, PO: TORANAGATTI TQ: RAMDURG DIST: BELAGAVI 591114 2. SHRI PATREPPA SIDDAPPA MAYANNAVAR AGE 35 YEARS OCC AGRICULTURE R/O: #516 JADARA TORANAGATTI, PO: TORANAGATTI TQ RAMDURG DIST BELAGAVI 591114 …PETITIONERS (BY SRI. SANTOSH.B.RAWOOT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PANCHAYAT RAJ VIDHANA SOUDHA BENGALURU 560001 2. THE PANCHAYAT DEVELOPMENT GRAM PANCHAYAT, TORANGATTI TQ: RAMDURG DIST: BELAGAVI 591114 3. THE TAHSILDAR RAMDURG TQ: RAMDURG DIST: BELAGAVI 591114 ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 17:00:37 +0530 - 2 - NC: 2025:KHC-D:3511 WP No. 100123 of 2025 4. THE DEPUTY COMMISSIONER BELAGAVI TQ AND DIST: BELAGAVI 590001 5. TALUKA PANCHAYATH, RAMDURG TQ: RAMDURG DIST: BELAGAVI 591114 6. ZILLA PANCHAYATH BELAGAVI D.C COMPOUND, TQ AND DIST: BELAGAVI 590001 7. ASSISTANT EXCISE COMMISSIONER, BELAGAVI SUBHASH NAGAR TQ: AND DIST: BELAGAVI 590016 …RESPONDENTS (BY SRI. M.M. KHANNUR., AGA FOR R1, R3, R4 AND R7; SRI. V. SHIVARAJ HIREMATH., ADVOCATE FOR R2, R5 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTIONS, DIRECTING THE RESPONDENT NO. 2 TO 7 IN NOT CONSIDERING THE REQUEST OF THE PETITIONERS DATED. 07-11-2024 VIDE ANNEXURE-C, ANNEXURE-D DATED. 11/11/2024, ANNEXURE-E, DATED. 13/11/2024,, ANNEXURE-F, DATED. 16/11/2024, ANNEXURE-F1 DATED. 13-11-2024 RESPECTIVELY IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in the nature of Mandamus or any other writ or directions, directing the respondent No. 2 to 7 in not considering the request of the petitioners dated 7.11.2024 vide Annexure-C, Annexure-D dated 11.11.2024, - 3 - NC: 2025:KHC-D:3511 WP No. 100123 of 2025 Annexure-E, dated 13.11.2024, Annexure-F dated 16.11.2024, in the interest of justice and equity. ii. Pass any such appropriate orders as this Hon’ble Court deems fit, just and proper in the circumstances of this case, in the ends of justice and equity. 2. The contention of the petitioner is that the petitioners being elected members of the Gram Panchayat, Torangatti, despite their objection respondent No.7- Assistant Excise Commissioner has issued permission to put up a liquor shop in the village limits of the said Gram Panchayat. 3. Sri.V.Shivaraj Hiremath., learned counsel appearing respondents No.2, 5 and 6 submits that the said permission and license has been issued by respondent No.7 in furtherance of the resolution passed by the Gram Panchayat in which meeting the petitioner had opposed the resolution but the resolution was carried by majority. As such he submits that the petition does not make out any grounds and is required to be dismissed. - 4 - NC: 2025:KHC-D:3511 WP No. 100123 of 2025 4. Heard Sri.Santosh.B.Rawoot., learned counsel appearing for the petitioner, Sri.M.M.Khannur., learned AGA for respondents No.1, 3, 4 and 7 and Sri.V.Shivaraj Hiremath., learned counsel appearing for respondents No.2, 5 and 6. Perused papers. 5. A perusal of the resolution of the Gram Panchayat dated 23.10.2024 clearly and categorically indicates that the resolution has approved and provided no objection for the use of the land for non-residential purposes and for establishment of a liquor shop with no objection being provided to the MSIL, subsequently license has been issued by respondent No.7. 6. In that view of the matter, I am of the considered opinion that there are no grounds made out in the above petition. The above petition is an abuse of the process of Court by the petitioners who are elected representatives, agitating a issue before this Court after the resolution has been passed by the Gram - 5 - NC: 2025:KHC-D:3511 WP No. 100123 of 2025 Panchayat. As such, the petition is disposed of by imposing cost of Rs.10,000/- payable to the Advocates Clerks Fund, Dharwad, to be paid within 15 days from date of receipt of the copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 131