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2026 DAILYLAW 16795 (KAR)

NAGENDRA D v. PRINCIPAL SECRETARY

WP/37243/2025 · 2026-03-12

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15002 WP No. 37243 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.37243 OF 2025 (LB-RES) BETWEEN: 1. NAGENDRA D S/O DWARAKANATH R, AGED ABOUT 44 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT R/AT VAJARAHALLI VILLAGE, MANTAPA, BANGALORE-560 083. 2. RAMESH T AGED ABOUT 50 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT R/AT HALESAMPIGEHALLI, BANGALORE-560 083. 3. DEEPA N W/O. VIJAYKUMAR M.R., AGED ABOUT 43 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT R/AT NO.47, NANDANAM HOUSE, PUTTARAJU LAYOUT, KALKERE, BANGALORE-560 083. 4. SHARADHA, W/O. KESHAVAMURTHY B.K., AGED ABOUT 35 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15002 WP No. 37243 of 2025 R/AT BEGIHALLI, ANEKAL TALUK, MANTAPA, BANGALORE-560 105. 5. SUJATHA D/O. YELLAPPA, AGED ABOUT 48 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT R/AT BEGIHALLI VILLAGE, BANGALORE-560 105. 6. MANISH B.R., AGED ABOUT 28 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT R/AT BEGIHALLI VILLAGE, MANTAPA, BANGALORE-560 105. 7. NARAYANA, AGED ABOUT 51 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT R/AT LAKSHMIPURA VILLAGE, SAKALAVARA, BANGALORE-560 083. 8. NAGARATNA R, AGED ABOUT 43 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT R/AT LAKSHMIPURA VILLAGE, SAKALAVARA, BANGALORE-560 083. 9. RENUKA, W/O. VASUDEVAMURTHY, AGED ABOUT 50 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT R/AT NO.21/3, SLN RESIDENCY, MANTAPA, BANGALORE-560 083. - 3 - HC-KAR NC: 2026:KHC:15002 WP No. 37243 of 2025 10. NAGARAJU S G AGED ABOUT 52 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT R/AT SAKALAVAR BANGALORE-560 083. 11. SHILPASHREE, W/O. SHASHI KUMAR V AGED ABOUT 40 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT R/AT NO.69/1, MALENALLASANDRA, JIGANI HOBLI, BANGALORE-560 105. 12. MUNIRAJU C, S/O CHINNANNA, AGED ABOUT 49 YEARS MEMBER OF MANTAPA GRAM PANCHAYAT R/AT NO.46, CK PALYA, SAKALAVARA, BANGALORE-560 083. …PETITIONERS (BY SRI. AJAY G., ADVOCATE) AND: 1. PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, 3RD FLOOR, M.S. BUILDING, BENGALURU-560 001. 2. COMMISSIONER, PANCHAYAT RAJ COMMISSIONERATE, GANDHI NAGAR, BENGALURU-560 009. - 4 - HC-KAR NC: 2026:KHC:15002 WP No. 37243 of 2025 3. CHIEF EXECUTIVE OFFICER, BENGALURU URBAN ZILLA PANCHAYAT, BANASHANKARI, BENGALURU-560 070. 4. EXECUTIVE OFFICER, TALUK PANCHAYAT, ANEKAL TALUK, BENGALURU-562 106. 5. ASSISTANT EXECUTIVE ENGINEER, PANCHAYAT RAJ ENGINEERING SUB-DIVISION (SOUTH), BANASHANKARI, BENGALURU-560 070. 6. ASSISTANT EXECUTIVE ENGINEER, RURAL DRINKING WATER & SANITATION SUB-DIVISION (SOUTH), BANASHANKARI, BENGALURU-560 070. 7. B.K. PRAVEEN KUMAR, PRESIDENT, MANTAPA GRAM PANCHAYAT, MANTAPA, BENGALURU-560 083. 8. PANCHAYAT DEVELOPMENT OFFICER, MANTAPA GRAM PANCHAYAT, MANTAPA, BENGALURU-560 083. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP., FOR R.1 AND R.2; SRI. MAHESH R. UPPIN, ADVOCATE FOR R.3, R.5 AND R.6; SRI. M.S. PRAKASH, ADVOCATE FOR R.4; SRI. N. BYREGOWDA, ADVOCATE FOR R.7; SRI. ABHINAY Y.T., ADVOCATE FOR R.8.) - 5 - HC-KAR NC: 2026:KHC:15002 WP No. 37243 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS COMPELLING RESPONDENT NOS.1, 2, 3 AND 4 TO DULY CONSIDER AND EXPEDITIOUSLY DISPOSE OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONERS, SPECIFICALLY PRAYING FOR THE CESSATION OF THE IMPLEMENTATION OF THE ILLEGALLY SANCTIONED ACTION PLAN, ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioners were all members of Mantapa Gram Panchayat, Anekal Taluk. Their grievance is that decisions were taken by Mantapa Gram Panchayat in connivance with respondent no.7, who was the President of Mantapa Gram Panchayat and respondent no.8 - the Panchayat Development Officer of Mantapa Gram Panchayat without conducting the necessary Ward Sabha in some of the wards, thereby defeating the objects of the Karnataka - 6 - HC-KAR NC: 2026:KHC:15002 WP No. 37243 of 2025 Grama Swaraj and Panchayat Raj Act, 1993 (for short 'the Act'). It is further submitted that the petitioners have complained about this to respondents Nos.1 to 4, but their complaints have not been considered by respondent Nos.1 to 4 and certain programmes are being implemented in the Mantapa Gram Panchayat in furtherance of resolutions passed by the Gram Panchayat, without duly hearing the voices of the petitioners and betraying the interest of the wards represented by them. Hence, the present writ petition is filed with the following prayers:- i. Issue a Writ of Mandamus compelling Respondent Nos.1, 2, 3, and 4 to duly consider and expeditiously dispose of the representations submitted by the Petitioners, specifically praying for the cessation of the implementation of the illegally sanctioned action plan. ii. Issue a Writ of Certiorari or any other appropriate Writ, order or direction, quashing the impugned Official Memorandum dated:25-09-2025 (ANNEXURE-G) bearing No.¨ÉAf¥ÀA/ªÀUÀð-1/E- 69325/D.£À/2025-26 issued by the 3rd Respondent - 7 - HC-KAR NC: 2026:KHC:15002 WP No. 37243 of 2025 - The Chief Executive Officer, Bengaluru Urban Zilla Panchayat and to pass necessary orders; iii. Issue any other appropriate Writ, order or direction as this Hon'ble Court may deem fit to meet the ends of justice and equity." 2. Learned counsel for respondent no.8 submits that all the allegations made by the petitioners in the writ petition are false and that the proceedings of the Mantapa Gram Panchayat have been conducted in the manner as envisaged under the provisions of the Act and in fact the petitioners are signatories to the developmental plan resolved to be adopted by the Mantapa Gram Panchayat and for that reason, it is prayed that the writ petition be dismissed. 3. The learned HCGP appearing for respondent Nos.1 and 2 submits that, as per the Act, the Ward Sabha is the primary place where the voices of every citizen are heard and the entire Panchayat Raj Act envisages that Ward Sabha meetings are conducted at least once in six months, - 8 - HC-KAR NC: 2026:KHC:15002 WP No. 37243 of 2025 so that people can express their grievances and submit a list of works desired by them, which can thereafter be considered by the Gram Panchayat through its members who are elected in the wards. She further submits that the authorities have received a complaint from the petitioners herein and a necessary enquiry would be conducted into the affairs of the Mantapa Gram Panchayat and if it is found that there has been any violation as alleged by the petitioners, suitable action will be initiated against respondent nos.7 and 8 and such other persons as may be required under law. 4. Her submission is placed on record. 5. Neither the petitioners nor other contesting respondents have any objection for the submission made by the learned HCGP. Hence the following:- ORDER i. The writ petition is disposed of. - 9 - HC-KAR NC: 2026:KHC:15002 WP No. 37243 of 2025 ii. Respondent No.1 or such other concerned Officer is hereby directed to conduct an enquiry in respect of the allegations made by the petitioners regarding conduct of business in Mantapa Gram Panchayat, Anekal Taluk and take appropriate decision. iii. The petitioners as well as such other persons concerned are given liberty to make necessary representations to respondent no.1 or to such concerned Officers, to facilitate the conduct of the necessary enquiry. iv. This order will not come in the way of making payments to the concerned persons regarding the work executed on behalf of Mantapa Gram Panchayat in accordance with law. v. Respondent No. 1 is also directed to make an enquiry into such works and the payments - 10 - HC-KAR NC: 2026:KHC:15002 WP No. 37243 of 2025 made thereunder and if there are any irregularities, suitable action shall be taken against the persons responsible for the same. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 40