- 1 - HC-KAR NC: 2025:KHC-D:18634 WP No. 105600 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105600 OF 2024 (LB-RES) BETWEEN: 1. MALLIKARJUNAPPA S/O BASAVANTHAPPA KYALAKOND, AGE. 47 YEARS, OCC. BUSINESS, R/O. BOMMANAHALLI-581 203, TQ. HANGAL, DIST. HAVERI. 2. GURUPADAPPA S/O DINGALEPPA HARISHETAR, AGE. 50 YEARS, OCC. BUSINESS, R/O. BOMMANAHALLI-581 203, TQ. HANGAL, DIST. HAVERI. 3. NEELAVVA @ NEELAMMA W/O SOMAPPA HAVANAGI, AGE. 51 YEARS, OCC. BUSINESS, R/O. BOMMANAHALLI-581 203, TQ. HANGAL, DIST. HAVERI. 4. NAGARAJ S/O BASAVENDRAPPA KYALAKONDA, AGE. 42 YEARS, OCC. BUSINESS, R/O. BOMMANAHALLI-581 203, TQ. HANGAL, DIST. HAVERI. 5. PRAVEEN S/O DODDABASAPPA ANKALAKOTI, AGE. 35 YEARS, OCC. BUSINESS, R/O. BOMMANAHALLI-581 203, TQ. HANGAL, DIST. HAVERI. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18634 WP No. 105600 of 2024 6. FAKIRAYYA S/O SHIVAPUTRAPPA KUNASANAHALLIMATH,0 AGE. 49 YEARS, OCC. BUSINESS, R/O. BOMMANAHALLI-581 203, TQ. HANGAL, DIST. HAVERI. … PETITIONERS (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF PANCHAYATRAJ AND RURAL DEVELOPMENT, BY ITS SECRETARY, BENGALURU-560 009. 2. TALUKA PANCHAYAT, HANGAL TALUKA, DIST. HAVERI-581 104, BY ITS ADMINISTRATOR. 3. GRAMA PANCHAYAT, BOMMANAHALLI, REP. BY ITS PDO, TQ. HANGAL, DIST.HAVERI. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. S.R. HEGDE, ADVOCATE FOR R3) 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 TO QUASH THE ORDER PASSED BY THE 2ND RESPONDENT BEARING NO. TAPAMHA/ADALITHA-2/GRAPAM.BO/VA.MA.HA.KU/VAHI-1690 / 2024-25 / 814 DATED 05/09/2024 VIDE ANNEXURE-L AND QUASH THE NOTICES BEARING NO.GRA.PAM, BO/VAMATENO/1/HAVA2024-24 DATED 11/09/2024 ANNEXURE- M TO M5 AS NULL AND VOID AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:18634 WP No. 105600 of 2024 THIS PETITION COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 05.09.2024 passed by Administrator of Taluka Panchayath. The appeal is filed before the Administrator by the Panchayat Development Officer of Grama Panchayat, wherein the Panchayat Development Officer has questioned the correctness of the resolution passed by the Grama Panchayat. 2. The Committee of the Gram Panchayat by its resolution has extended the tenure of the lease in favour of the petitioners without inviting the tender after expiry of the lease. 3. When the appeal was filed, the administrator was in charge of the Taluk Panchayat and Adhyaksha was not available. The Administrator was acting under Section 239 of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 (‘Act of 1993’, for short). Section 239(2) of the Act of 1993 enables the Administrator to exercise the power of Adhyaksha under Section 237(2) of the Act of 1993. - 4 - HC-KAR NC: 2025:KHC-D:18634 WP No. 105600 of 2024 4. As noticed the Administrator has exercised his power and disagreed with the resolution passed by the Panchayat. However, the Administrator should have forwarded the same to Adhyaksha of Gram Panchayat and the Gram Panchyat affected thereby the copy of the order. 5. The said exercise is not carried out. Under these circumstances, the decision taken by the Administrator in terms of Annexure-L shall be sent to the Adyaksha of the Zilla Panchayat and if Adhyaksha is not available then to the Administrator of Zilla Panchayat. 6. On such receipt of the decision of the Administrator, the Adhyaksha of Zilla Panchayat or the Administrator of Zilla Panchayat as the case may be may pass such orders either confirming or resending the order passed by the administrator of Taluk Panchayat. 7. However, before passing such order, the Adhyaksha or Administrator of Zilla Panchayat shall issue notice to the Gram Panchayat which pass the order. - 5 - HC-KAR NC: 2025:KHC-D:18634 WP No. 105600 of 2024 8. Under these circumstances, the following: ORDER i. Writ petition is allowed in part. ii. The decision taken by the Administrator of Taluka Panchayat shall be sent to the Adhyaksha or the Administrator Zilla Panchayat for appropriate orders as provided under Section 237(2) of the Act of 1993. iii. This Court has not expressed anything on the merits of the claim of either of the parties. iv. The Adhyaksha or Administrator of Zilla Panchayat shall pass appropriate orders within 4 weeks from the date of the receipt of the copy of the order. v. Notices issued by the Panchayat Development Officer seeking possession of the property cannot be sustained at this juncture. Till the decision is taken by the Adhyaksha or Administrator of Zilla Panchayat, the petitioners shall continue in possession of the property on payment of agreed rent including the arrears, if any. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK/CHS CT:BCK LIST NO.: 1 SL NO.: 95