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2026 DAILYLAW 51971 (KAR)

SRI KUMAR PATIL v. THE STATE OF KARNATAKA

WP/37894/2025 · 2026-02-03

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6046-DB WP No. 37894 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 37894 OF 2025 (LB-RES) BETWEEN: 1. SRI KUMAR PATIL S/O CHANAGOUDA PATIL, AGED ABOUT 46 YEARS, OCC. AGRICULTURE, R/O KANCHAKARAWADI VILLAGE, RAIBAG TALUK, BELGAUM DISTRICT 591317 AADHAR NO.727824650256 PAN NO.BJLPP4931J MOB: 9844615110 2. SRI HANAMANT BUDRUK S/O ASHOK BUDRUK, AGED ABOUT 39 YEARS, OCC. AGRICULTURE R/O KANCHAKARAWADI VILLAGE, RAIBAGH TALUK, BELGAUM DISTRICT 591317 AADHAR NO.372725173141 PAN NO.BELPB4947R MOB: 9916382734 3. SRI BASAPPA SHIRUGURE, S/O MALLAPPA SHIRUGURE, AGED ABOUT 35 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6046-DB WP No. 37894 of 2025 OCC: AGRICULTURE R/O KANCHAKARAWADI VILLAGE, RAIBAGH TALUK, BELGAUM DISTRICT 591317 AADHAR NO.312069673286 PAN NO.D8BPS6739C MOB: 9742229469 4. SRI SANTHOSH PATIL, S/O BABAGOUDA PATIL, AGED ABOUT 37 YEARS, OCC: AGRICULTURE R/O KANCHAKARAWADI VILLAGE, RAIBAGH TALUK, BELGAUM DISTRICT 591317 AADHAR NO.228420564415 PAN NO.BMJPP3714J MOB: 9740006031 5. SRI BALAPPA NAIK S/O NIGAPPA NAIK, AGED ABOUT 66 YEARS, OCC: AGRICULTURE R/O KANCHAKARAWADI VILLAGE, RAIBAGH TALUK, BELGAUM DISTRICT 591317 AADHAR NO.985521803287 PAN NO.BQUPN8904K MOB: 8792550600 …PETITIONERS (BY SRI. S.P. KULKARNI, SENIOR ADVOCATE A/W SRI. PAVANKUMAR YARAGANAVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ - 3 - HC-KAR NC: 2026:KHC:6046-DB WP No. 37894 of 2025 VIDHANA SOUDHA BANGALORE 560001. 2. THE DEPUTY COMMISSIONER BELGAUM DISTRICT, BELGAUM 590001. 3. THE TAHSILDAR, RAIBAG TALUK, RAIBAG 591317 DIST BELGAUM 4. THE GRAMA PANCHAYATH, RAIBAGH 591317 RAIBAG TALUK DIST. BELGAUM REPT. BY ITS CHAIRMAN …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3) THIS WP IS FILED IN THE NATURE OF PUBLIC INTEREST LITIGATION UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTION, OR ANY APPROPRIATE ORDER IN THE LIKE NATURE IN THE PUBLIC INTEREST, DIRECTING THE RESPONDENT AUTHORITIES TO BIFURCATE AND SEPARATE KANCHAKARAWADI VILLAGE FROM THE RAIBAG GRAM PANCHAYATH AND TO DIRECT THE RESPONDENT AUTHORITIES TO SANCTION AND ESTABLISH THE KANCHAKARAWADI GRAM PANCHAYATH, AS AN INDEPENDENT ENTITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 4 - HC-KAR NC: 2026:KHC:6046-DB WP No. 37894 of 2025 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. 2. Learned Additional Government Advocate accepts notice for respondents. 3. The petitioners have filed the present petition inter alia praying as under: i. Issue a writ of mandamus, direction, or any appropriate order in the like nature in the public interest, directing the respondent authorities to bifurcate and separate Kanchakarawadi Village from the Raibag Gram Panchayath and to direct the respondent authorities to sanction and establish the Kanchakarawadi Gram Panchayath, as an independent entity, in the interest of justice and equity. ii. Alternatively, direct the Respondent No.2 authority to consider the request/representation dated 17.10.2022 (Vide Annexure-A) of the public of Kanchakarawadi village regarding the request for the formation and establishment of an independent Kanchakarawadi Gram Panchayath, bifurcating it from the jurisdiction of the Raibag Gram Panchayath. iii. Grant such other and further reliefs as may be deemed just and appropriate, including the costs of this petition, in the interest of justice and equity. 4. At the out set, learned counsel appearing for the petitioners prays that the present petition be confined to the petitioners' prayer to consider the representation dated 17.10.2022 [Annexure-A to the writ petition]. - 5 - HC-KAR NC: 2026:KHC:6046-DB WP No. 37894 of 2025 5. The petitioners submit that Grama Panchayath is required to be constituted for the village of Kanchakarawadi. It is also contended that the said village complies all parameters required for constituting separate Panchayath for the village. 6. In view of the above, we consider it apposite to dispose of the present petition by directing the respondents to examine the representation made by the petitioner in accordance with law. Writ petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 6