- 1 - NC: 2025:KHC-D:1042 WP No. 107945 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107945 OF 2024 (LB-TAX) BETWEEN: M/S ANJUMAN ISLAM SHIKSHANA SANSTHE (TRUST), BENGALURU ROAD, NEAR MALASAMUDRA GADAG-582103, REPRESENTED BY ITS SECRETARY, SRI. KHALIQ HAMED MAHAMOOD MYAN MULLA, AGE: 60 YEARS, OCC: SECRETARY, R/O. DR. ZAKIR HUSSAIN COLONY, GADAG-582103. …PETITIONER (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560001. 2. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT, KALASAPURA, TQ: DIST: GADAG-582103. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; R2-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED DEMAND NOTICE DATED 25.01.2024 BEARING NO. 2023-24 ISSUED BY THE RESPONDENT NO.2 AUTHORITY VIDE ANNEXURE-B IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1042 WP No. 107945 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following relief: a) Issue a writ of in the nature of certiorari quashing the impugned Demand Notice dated 25.01.2024 bearing No. 2023-24 issued by the respondent no.2 authority vide Annexure-B in the interest of justice and equity. b) Pass any other order as this Hon’ble Court deems fits on the facts and circumstances of the case. 2. It is the grievance of petitioner that despite this Court passed order dated 23.12.2021 in WP.No.16323/2021 and connected matters having held that Circular dated 19.11.2016 is unenforceable, due to it not being in accordance with the Rules and the various demand notices issued by the panchayats in furtherance of the said circular having been quashed, respondent No.2 has contrary to the said order passed way back on 23.12.2021, issued the - 3 - NC: 2025:KHC-D:1042 WP No. 107945 of 2024 impugned demand notice on 25.01.2024 at Annexure-B. 3. Notice having been issued to respondent No.2, none has chosen to appear for respondent No.2. Apparently, it is due to the illegality committed by respondent No.2 in acting contrary to the Judgment of this Court in Indus Trush and another vs. The State of Karnataka and another passed in WP.No.16323/2021 and connected matters dated 23.12.2021, which has made respondent No.2 not to appear in these proceedings. In that view of the matter, the Principal Secretary, Department of Rural Development and Panchayat Raj is directed to initiate necessary disciplinary action against respondent No.2 for violating the orders of this Court. 4. In view of the categorical finding rendered by the co- ordinate bench of this Court in Indus Trust’s case cited (supra), the impugned demand notice is not maintainable, as such, I pass the following : - 4 - NC: 2025:KHC-D:1042 WP No. 107945 of 2024 ORDER (i) Writ petition is allowed. (ii) Writ of certiorari is issued. The impugned demand notice dated 25.01.2024 issued by respondent No.2 vide Annexure-B is hereby quashed. (iii) Though the above petition is disposed of, re-list this matter on 18.02.2025 to enable the 1st respondent to file an affidavit as regards the action taken against respondent No.2. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 32