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2026 DAILYLAW 46831 (KAR)

SRI N. BHIMESH v. THE STATE OF KARNATAKA

WP/33623/2018 · 2026-01-05

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:148 WP No. 33623 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33623 OF 2018 (LB-RES) BETWEEN: 1. SRI N. BHIMESH S/O LATE NANJAPPA, AGED ABOUT 45 YEARS R/AT GOKARE VILLAGE, YELIYURU POST, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 2. SRI. CHANNAPPA S/O CHIKKAVEERAPPA, AGED ABOUT 64 YEARS R/AT NO.21, BINNAMANGALA, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110 3. SRI. H. NATARAJ S/O HANUMEGOWDA, R/AT NO.16, BACHAHALLI VILLAGE, DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT-561203 4. SRI. BALAKRISHNA S/O GOPALAPPA, AGED ABOUT 49 YEARS R/AT VADDARAHALLI VILLAGE, DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT-561205 5. SRI. SHIVANNA S/O HANUMAIAH, R/AT GOLLARAHATTI MANNE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:148 WP No. 33623 of 2018 NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562132 6. SRI. V.N.MANJUNATHA S/O NARAYANAPPA, AGED ABOUT 38 YEARS ATTURU VILLAGE, HOSKOTE TALUK BANGALURU RURAL DISTRICT-571237 …PETITIONERS (BY SRI. BELLE R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ M.S.BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU-01 2. THE REGIONAL COMMISSIONER BANGALORE DIVISION, KSRTC COMPLEX, 2ND FLOOR, SHANTHINAGAR, BENGALURU-27 3. THE BANGALURU RURAL ZILLA PANCHAYAT REP BY ITS CHIEF EXECUTIVE OFFICER, BENGALURU RURAL DISTRICT, BENGALURU-09 4. SRI.V. PRASAD S/O Y. VENKATGAPPA, AGED ABOUT 45 YEARS WORKING AS ADYAKSHA, BENGALURU RURAL ZILLA PANCHAYAT, K.G.ROAD, BENGALURU-09 …RESPONDENTS (BY SMT. CHANDINI SINGH, HCGP FOR R1 AND R2 SRI. M.S. DEVARAJU, ADVOCATE FOR R3 SRI. T. NARAYANASWAMY, ADVOCATE FOR R4) - 3 - HC-KAR NC: 2026:KHC:148 WP No. 33623 of 2018 THIS WP FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN SUB- SECTION (1) OF SECTION 179 OF THE KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993 AS ILLEGAL VOID AND UNCONSTITUTIONAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "WHEREFORE, the petitioners most respectfully pray that this Hon'ble Court be pleased to: (i) Issue a writ, order or direction in the nature of mandamus to strike down Sub-Section (1) of Section 179 of The Karnataka Gram Swaraj and Panchayat Raj Act, 1993 as illegal void and unconstitutional. (ii) Issue a writ, order or appropriate direction prohibiting the respondents 1 to 3 from acting upon the coerced resignation letter dated 19.07.2018 (Annexure A) in the interest of justice and equity. (iii) Issue a writ, order or direction declaring that the resignation of the 4th respondent dated 19.07.2018 (Annexure A) as illegal, void and inoperative and is not tendered voluntarily and therefore ultravires Section 179(1) of The Karnataka Gram Swaraj and Panchayat Raj Act, 1993. - 4 - HC-KAR NC: 2026:KHC:148 WP No. 33623 of 2018 (iv) Pass any other order as this Hon'ble Court deems fit to in the facts and circumstances of the case in the interest of justice and equity." 2. Learned counsel for the petitioner submits that above petition rendered infructuous. 3. Placing the said submission on record, petition is dismissed as infructuous. SD/- (SURAJ GOVINDARAJ) JUDGE BSV CT-SG List No.: 1 Sl No.: 31