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2026 DAILYLAW 2159 (KAR)

SRI A MUNIYAPPA v. PANCHAYATH DEVELOPMENT OFFICER

WP/19964/2024 · 2026-03-10

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:14375 WP No. 19964 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.19964 OF 2024 (LB-RES) BETWEEN: 1. SRI A MUNIYAPPA SINCE DEAD BY LR'S SMT. N G BHARATHI W/O LATE A MUNIYAPPA, AGED ABOUT 64 YEARS 2. SMT. SHILPASHREE T M D/O LATE A MUNIYAPPA, AGED ABOUT 44 YEARS 3. SMT. ANJUSHREE T M D/O LATE A MUNIYAPPA, AGED ABOUT 35 YEARS 4. SMT. MAMATHA T M D/O LATE A MUNIYAPPA, AGED ABOUT 34 YEARS 5. SRI GANGADHARA T M S/O LATE A MUNIYAPPA, AGED ABOUT 30 YEARS ALL ARE R/AT TARABANAHALLI VILLAGE, DEVANAGUNDI POST, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14375 WP No. 19964 of 2024 JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562 114. …PETITIONERS (BY SRI. SRIKANTH N V., ADVOCATE) AND: 1. PANCHAYATH DEVELOPMENT OFFICER KHAZI HOSAHALLI VILLAGE PANCHAYATH HOSAKOTE TALUK - 562 114. 2. PANCHAYATH DEVELOPMENT OFFICER VAGATA VILLAGE PANCHAYATH HOSAKOTE TALUK - 562 114. 3. THE APPELLATE AUTHORITY AND EXECUTIVE OFFICER TALUK PANCHAYATH, HOSAKOTE, BANGALORE RURAL DISTRICT -562 114. 4. SMT. LAKSHMAMMA S/O LATE A MUNIYAPPA, AGED MAJOR 5. SRI RAJAPPA @ VAJRAPPA S/O LATE A MUNIYAPPA, AGED MAJOR 6. SMT. VINODAMMA W/O LATE A MUNIYAPPA, AGED MAJOR 7. SRI MANJUNATH - 3 - HC-KAR NC: 2026:KHC:14375 WP No. 19964 of 2024 S/O LATE A MUNIYAPPA, AGED MAJOR 8. SRI SAMPATH S/O LATE A MUNIYAPPA, AGED MAJOR RESPONDENT NOS.4 TO 8 ARE R/AT JADIGENAHALLI HOBLI, TARABAHALLI VILLAGE HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 562 114. …RESPONDENTS (BY SRI. M S DEVARAJU, ADVOCATE FOR R.1 TO R.3; SRI. A G NAGARAJA, ADVOCATE FOR R.4 TO R.7.) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 15.03.2024 PASSED BY THE RESPONDENT NO.3 IN CASE NO.KAA.NI.A/TAA.PAM.HO/APPEAL NO.08/2018 AS PER ANNEXURE-A, 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 - 4 - HC-KAR NC: 2026:KHC:14375 WP No. 19964 of 2024 ORAL ORDER 1. It is submitted that the impugned order dated 15.03.2024 has been passed by respondent no.3 herein under Section 269 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 against a dead person Sri.A.Muniyappa, whose legal representatives are the present petitioners herein. 2. It is the case of the petitioners that they were not actively involved in instructing their Advocate, as the proceedings were initiated against the husband of petitioner no.1 herein who was the father of petitioner nos.2 to 5 herein, and the impugned order has been passed against them. It is also submitted that respondent no.8 herein was also dead when the impugned order was passed. 3. Learned counsel for respondent nos.4 to 7 herein fairly submits that in the light of the impugned order having been passed against a dead person, the same may be set aside and the matter may be remanded back to respondent no.3 for fresh consideration. - 5 - HC-KAR NC: 2026:KHC:14375 WP No. 19964 of 2024 4. Learned counsel for respondent nos.1 to 3 and the petitioners have no objection for the same. 5. Hence, the following: ORDER (i) The impugned order dated 15.03.2024 passed by respondent No.3 vide Annexure-A to the writ petition is hereby set aside; (ii) The matter stands remanded back to respondent no.3 for fresh consideration; (iii) Parties shall appear before respondent no.3 on 10th April 2026 without any further notice; (iv) Respondent no.3 shall consider the matter on merits and pass appropriate orders in accordance with law after hearing all the parties concerned. SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 30