Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40795 WP No. 23903 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 23903 OF 2023 (LB-RES) BETWEEN:
SRI R.S. PATEL S/O SACHIDANANDAPPA AGED ABOUT 55 YEARS R/O. JEENAHALLI VILLAGE NYMATHI TALUK-577223 DAVANAGERE DISTRICT. …PETITIONER (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT M.S. BUILDING, DR. AMBEDKAR VEEDHI BANGALORE-560 001.
2.
THE DIRECTOR KARNATAKA PANCHAYATH RAJ COMMISSIONARATE KALIDASA MARG KEMPEGOWDA ROAD BENGALURU-560 009.
3.
THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE - HARIHARA ROAD, KARURU, DAVANAGERE-577 006.
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:40795 WP No. 23903 of 2023
4.
THE TAHSILDAR NYAMATHI TALUK MAHANTHESWARA ROAD, NYAMATHI-577 223 DAVANAGERE DISTRICT.
5.
THE PANCHAYATH DEVELOPMENT OFFICER GUDDEHALLI GRAMAPANCHAYAT GUDDEHALLI, NYAMATHI TALUK DAVANAGERE DISTRICT-577 223. …RESPONDENTS (BY SRI. B. BOPANNA, AGA FOR R1 TO R4;
SRI. N.R. JAGADEESWARA, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TAHSILDAR, NYAMATHI TALUK, MAHANTHESWARA ROAD, NYAMATHI, DAVANAGERE DISTRICT, TO CONSIDER THE REPRESENTATION OF THE PETITIONERS, GIVEN TO RECTIFY THE ERROR IN REDUCING THE MEMBERS OF THE JEENAHALLI VILLAGE, FROM 6 TO 5 FOR GUDDAHALI GRAMAPANCHAYAT, DATE 12.10.2023 VIDE ANNEXURE-Q AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondent No.4 to consider his representation to rectify the error in reducing the number of members representing Jeenahalli Village from 6 to 5 in Guddahalli Grama Panchayat. He has also sought for a writ
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HC-KAR NC: 2025:KHC:40795 WP No. 23903 of 2023
in the nature of mandamus to direct the State Government to give necessary administrative approval to form Jeenahalli Grama Panchayat, Nyamathi Taluk by considering the proposal of respondent No.3. 2. The petitioner contends that Jeenahalli Grama Panchayat lies within Kathige Grama Panchayat of Honnali Taluk. The Village was represented by 6 members from 2 wards. In view of the formation of Nyamathi Taluk by a notification dated 13.03.2020 issued by the respondent No.3, Jeenahalli Village was withdrawn from Kathige Grama Panchayat and included in Guddahalli Grama Panchayat. The residents of Jeenahalli had submitted a representation on 03.08.2019 prior to the notification excluding it from Kathige Grama Panchayat in view of the inconvenience caused to them. They claim that Jeenahalli was represented by 6 members while Guddahalli had 4 members. The petitioner claims that several representations were given to consider and constitute Jeenahalli as a new Grama Panchayat since it had more
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HC-KAR NC: 2025:KHC:40795 WP No. 23903 of 2023
population than Guddahalli. The respondent No.3 had sent a proposal dated 28.09.2021 to form the Jeenahalli Grama Panchayat but the same was returned by the State Government seeking additional information. The respondent No.3 submitted another proposal on 04.01.2022 providing the required particulars. Following the above, the respondent No.3 forwarded other proposals dated 17.09.2022 and 05.10.2023. The villagers of Jeenahalli thereafter submitted another representation dated 12.10.2023 requesting the Tahsildar to rectify the error in reducing the number of members from Jeenahalli. The petitioner claims that the said representations were not considered and therefore seeks for an appropriate writ to direct the respondent No.4 to consider the representations and also to direct the State Government to grant administrative approval for formation of Jeenahalli Grama Panchayat by considering the proposal of respondent No.3. - 5 -
HC-KAR NC: 2025:KHC:40795 WP No. 23903 of 2023
3.
The learned counsel for the petitioner reiterated the above contentions and submitted that Jeenahalli has higher population than Guddahalli and therefore, it is appropriate that a new Grama Panchayat is created. 4. The learned AGA on the other hand contended that the respondents would consider the representations filed by the petitioner and the villagers of Jeenahalli Grama Panchayat and take suitable decision in accordance with law. 5. In view of the aforesaid submissions, this petition is
disposed of, directing the respondent No.4 to consider the representation of the petitioner dated 12.10.2023 and if permissible, to rectify the error pointed out therein. Likewise, the respondent-State Government is directed to consider the proposals sent by the respondent No.3 for constituting an independent Jeenahalli Grama Panchayat, in accordance with law. In order to enable the respondent Nos.3 and 4 to consider the representations, the petitioner is directed to furnish a fresh copy of the representation to
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HC-KAR NC: 2025:KHC:40795 WP No. 23903 of 2023
the respondent Nos.3 and 4 along with a copy of this
order.
6. Respondent No.4 as well as the State Government shall take appropriate action within three months from the date of receipt of a copy of the representation along with a copy of this order.
Sd/- (R. NATARAJ) JUDGE
HA List No.: 1 Sl No.: 5