- 1 - NC: 2025:KHC-K:689 WP No. 202707 of 2019 C/W WP No. 202706 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 202707 OF 2019 (GM-RES) C/W WRIT PETITION NO. 202706 OF 2019 (GM-RES) IN W.P.NO.202707/2019 BETWEEN: 1. PRAKASH JADHAV AGE: 34 YEARS OCCUPATION: ADVOCATE 2. SURESH S/O YASHAVANT JADHAV AGE: 30 YEARS OCCUPATION: BANK EMPLOYEE 3. MALLESHI S/O SHIVRAM JADHAV AGE: 54 YEARS OCCUPATION: RETIRED SOLDIER ALL ARE RESIDING AT AT: BARATAGI-5 TQ: DISTRICT: VIJAYAPUR-586119. …PETITIONERS (BY SRI. S A NADAF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS GOVERNMENT PRINCIPAL SECRETARY, VIDHAN SOUDHA, BANGALORE-560001. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High court of Karnataka, Dharwad Bench, Dharwad Date: 2025.02.04 15:45:17 +0530 - 2 - NC: 2025:KHC-K:689 WP No. 202707 of 2019 C/W WP No. 202706 of 2019 2. HOME DEPARTMENT GOVERNMENT OF KARNATAKA REPRESENTED BY ITS SECRETARY, II FLOOR VIDHANA SOUDHA, BANGALORE-560001 3. KARNATAKA THANDA DEVELOPMENT CORPORATION LIMITED # 6, GPR TOWER, 1ST FLOOR, PARK ROAD, TASKER TOWN (NEAR INDIAN EXPRESS), BANGALORE-560051. 4. DISTRICT COMMISSIONER VIJAYAPUR, COMMISSIONER OFFICE VIJAYAPUR-586101. 5. SUPERINTEND OF POLICE S.P OFFICE VIJAYAPUR-586101. 6. CHANDRASHEKHAR S/O DHANSING CHANVAN AGE: ABOUT 40 YEARS OCCUPATION: KARBHARI, R/O BARATAGI-5 TALUK: DISTRICT: VIJAYAPUR-586619. 7. RAJU ALIAS NAIK RAJA S/O PANDU NAIK AGE ABOUT: 48 YEARS R/O BARATAGI-5 TALUK: DISTRICT: VIJAYAPUR-586619. 8. MANSHING S/O THAVARU RATHOD AGE ABOUT: 52 YEARS OCCUPATION: COOLIE R/O BARATAGI-5 TALUK: DISTRICT: VIJAYAPUR-586619. 9. PRAVEEN S/O GANPATI CHAVAN AGE ABOUT: 35 YEARS OCCUPATION: PRIVATE EMPLOYEE. - 3 - NC: 2025:KHC-K:689 WP No. 202707 of 2019 C/W WP No. 202706 of 2019 R/O BARATAGI-5 TALUK: DISTRICT: VIJAYAPUR-586619. 10. GOPAL S/O GANGARAM RATHOD AGE ABOUT: 45 YEARS OCCUPTION: PRIVATE EMPLOYEE. WITH OTHER ALL KATTI PANCHAYAT MEMBERS R/O BARATAGI-5 TALUK: DISTRICT: VIJAYAPUR-586619. …RESPONDENTS (BY SRI. MALHAR RAO, AAG FOR R1, R2, R4 & R5; SRI. VIRANAGOUDA M., ADVOCATE FOR R3; NOTICE TO R6-R10 S/D) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE OF A WRIT IN THE NATURE OF MANDAMUS, AND DIRECTION TO THE STATE GOVERNMENT AND RESPONDENTS POLICE STOP TO THE COMMUNITY WISE PANCHAYAT IN BARATAGI L.T.-5 VILLAGE SHOULD NOT CONDUCT THE KATTI PANCHAYAT AND TAKE THE LAN IN THEIR OWN HANDS AND MAY DIRECT THE RESPONDENT POLICE SHOULD NOT TAKE THE PUNITIVE ACTION AGAINST THE RESPONDENT AS PER VIDE (ANNEXURE-F) ISSUED BY POLICE RURAL POLICE STATION ON 03.12.2018 AS WELL AS DECLARE COMMUNITY WISE PANCHAYAT IS ILLEGAL IN BARATAGI L.T.-5 VILLAGE AND IN OVERALL STATE. IN W.P.NO.202706/2019 BETWEEN: 1. DURAGAPPA AMBALAGER S/O HABALAPPA AGE: 64 YEARS OCCUPATION: BUSINESS 2. JANU AMBALAGERI S/O MARIYAPPA, AGE: 32 YEARS OCCUPATON: BUSINESS BOTH ARE R/O BAGALAKOT ROAD VAJARHANUMAN NAGAR, BIJAPUR KARNATAKA-586109. …PETITIONERS (BY SRI. PRAKASH JADHAV, ADVOCATE) - 4 - NC: 2025:KHC-K:689 WP No. 202707 of 2019 C/W WP No. 202706 of 2019 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS GOVERNMENT PRINCIPAL SECRETARY, VIDHAN SOUDHA, BANGALORE-560001. 2. HOME DEPARTMENT GOVERNMENT OF KARNATAKA SECRETARY, II FLOOR VIDHANA SOUDHA, BANGALORE-560001 3. DISTRICT COMMISSIONER YADGIRI COMMISSIONER OFFICE YADGIRI-585223 4. SUPERINTEND OF POLICE S.P OFFICE YADGIRI-585223 5. VENKATAPPA S/O NARAPPA SOOGTE AGE: ADULT OCCUPATION: PRESIDENT, 6. TULAJAPPA S/O TULJAPPA KATTIMANI AGE: ADULT OCCUPATION: SECRETARY 7. KONDAPPA S/O GALEPPA KATTIMANI AGE: ADULT OCCUPATION: LEADER OF THE VILLAGE 8. AMLAPPA S/O NAGAPPA KATTIMANI AGE: ADULT OCCUPATION: LEADER OF THE VILLAGE 9. DURGAPPA S/O BABANNA AMBALE AGE: ADULT OCCUPATION: LEADER OF THE VILLAGE - 5 - NC: 2025:KHC-K:689 WP No. 202707 of 2019 C/W WP No. 202706 of 2019 10.MAREPPA S/O AGNIPPA AMBALE AGE: ADULT OCCUPATION: LEADER OF THE VILLAGE 11.PARSHURAM S/O NARASAPPA SOOGTE AGE: ADULT OCCUPATION: LEADER OF THE VILLAGE 12.BHODAPPA S/O SHOBHANI TALAWAR AGE: ADULT OCCUPATION: LEADER OF THE VILLAGE 13.GUNDAPPA S/O HABBANNA MORE AGE: ADULT OCCUPATION: LEADER OF THE VILLAGE 14.MUTTAPPA S/O AJJAPPA MORE AGE: ADULT OCCUPATION: LEADER OF THE VILLAGE 15.SATYAPPA S/O STYAPPA KATTIMANI AGE: ADULT OCCUPATION: LEADER OF THE VILLAGE (RESPONDENT NO-5 TO 15 ARE RESIDING OF FISHERIES CO-OPERATIVE SOCIETY ANKSOOGOR TALUK, SHAPUR DISTRICT; YADGIR-585223. ANKSOOGOR VILLAGE, SHAHAPUR TALUK, YADGIR DISTRICT, KARNATAKA-585223.) …RESPONDENTS (BY SRI. MALLHAR RAO., AAG FOR R1-R4; NOTICE TO R5-R13 S/D; PETITION AGAINST R14 IS DISMISSED V/O 5.7.23) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE OF A WRIT IN THE NATURE OF MANDAMUS ISSUE OF A WRIT IN THE NATURE OF MANDAMUS, AND DIRECTING TO THE RESPONDENTS SHOULD NOT PRACTICE KATTI PANCHAYAT IN RESPECTIVE VILLAGE AND - 6 - NC: 2025:KHC-K:689 WP No. 202707 of 2019 C/W WP No. 202706 of 2019 DECLARE ANNEXURE-A IS NULL AND VOID WHICH IS ISSUED BY THE RESPONDENTS, THE PETITIONER LIBERTY CURTAINED BY THE RESPONDENT ON THEIR OWN MORAL PHILOSOPHY, HENCE MAY DIRECT THE STATE GOVERNMENT TO TAKE PROPER LEGAL ACTION AGAINST THOSE PERSON WHO WILL BE GOING TO CONDUCT KATTI PANCHAYAT (NASAB HASAB) PANCHAYAT IN RESPECTIVE VILLAGE IN OVER ALL KARNATAKA STATE. THESE WRIT PETITIONS, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners in W.P.No.202707/2019 are before this Court seeking for the following reliefs: i. Issue of a writ in the nature of mandamus, and direction to the State Government and Respondents Police stop to the Community wise Panchayat in Baratagi L.T.-5 Village should not conduct the Katti Panchayat and take the lan in their own hands and may direct the Respondent Police should not take the punitive action against the respondent as per vide (Annexure-F) issued by Police Rural Police Station on 03.12.2018 as well as declare Community wise Panchayat is illegal in Baratagi L.T.-5 Village and in overall State. ii. Issue such other appropriate order or direction as this Hon’ble Court deems to be fit grant other reliefs under the circumstances of this case in the interests of justice and equity. - 7 - NC: 2025:KHC-K:689 WP No. 202707 of 2019 C/W WP No. 202706 of 2019 2. The petitioners in W.P.No.202706/2019 are before this Court seeking for the following reliefs: a. Issue of a writ in the nature of mandamus, and directing to the Respondents should not practice Katti Panchayat in respective Village and declare Annexure-A is null and void which is issued by the Respondents, the petitioner liberty curtained by the Respondent on their own moral philosophy, hence may direct the state government to take proper legal action against those person who will be going to conduct Katti Panchayat (Nasab Hasab) Panchayat in respective Village in over all Karnataka State. b. Issue such other appropriate order or direction as this Hon’ble Court deems to be fit grant other reliefs under the circumstances of this case in the interests of justice and equity. 3. The grievance of the petitioners was that the community members of the petitioners’ respective Villagers, were conducting Katti Panchayat taking the law into their own hands and thereby ostracising the petitioners and several others. 4. This aspect of ostracising and conducting Katti Panchayat etc., had been dealt with by the Hon’ble Apex Court in the case of Shakti Vahini vs. Union - 8 - NC: 2025:KHC-K:689 WP No. 202707 of 2019 C/W WP No. 202706 of 2019 of India1. However an enquiry being made with the State authorities as to whether the said directions of the Hon’ble Apex Court had been implemented more particularly as that contained in Para 55 thereof, the response received was that the implementation has not happened. 5. In that view of the matter, this Court had issued several directions from time to time. 6. The submission of the learned Additional Advocate General as regards the compliances have also been recorded from time to time. Today learned Additional Advocate General submits that training has been provided to all the officers. The copy of the judgement has been translated into Kannada and provided to all the officers. The concerned stakeholders have been sensitised to act in terms of the decision of the Hon’ble Apex Court in Shakti 1 2018 7 SCC 192 - 9 - NC: 2025:KHC-K:689 WP No. 202707 of 2019 C/W WP No. 202706 of 2019 Vahini’s case (supra). His further submission is that no Katti Panchayat would be allowed to be conducted within the State of Karnataka more particularly in the Districts of Vijayapura and Yadagiri and if any such action is taken by any Panchayat and/or person, necessary punitive action would be taken by the respondent/State so as to safeguard the interest of the common citizen more particularly the members belonging to Scheduled Tribe against whom such Katti Panchayats are being conducted. 7. Placing his submission on record, the Writ Petitions stand disposed. Liberty being reserved to anybody aggrieved to initiate appropriate proceedings if there is non-compliance by the State of the direction issued by the Hon’ble Apex Court in Shakti Vahini’s case (supra). Sd/- (SURAJ GOVINDARAJ) JUDGE PRS/List No.: 19 Sl No.: 8