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IN THE HIGH COURT OF AT BANGALORE Dated this the 7th day of February, 2013 PRESENT THE HON’BLE K.SREEDHAR RAO, ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE S.ABDUL NAZEER W.P No.33690/2012 (LB-RES-PIL)

BETWEEN :

1. SRI SHIVAPPA MAHADEV NAIK AGED ABOUT 46 YEARS

2. SRI MAHADEV KRISHNA NAIK AGED ABOUT 48 YEARS

3. SRI DONDI KALLPPA SABKALE AGED ABOUT 27 YEARS

4. SRI SADHASHIVA BHUJAPPA KAMBALE AGED ABOUT 55 YEARS

5. SRI HANUMANTHA RAMU PAVADI AGED ABOUT 26 YEARS

6. SRI BANDU KEDAR NAIK AGED ABOUT 55 YEARS

ALL ARE R/O MUKKAM, KEMPATTI POST, TQ-RAIBAGH, DISTRICT--591317 ... PETITIONERS

(By Sri S P KULKARNI, ADV.,)

AND :

1. THE STATE OF KARNATAKA RURAL DEVELOPMENT & PANCHAYAT RAJ DEPT III FLOOR, M S BUILDING BANGALORE-560001 REPRESENTED BY ITS SECRETARY

2. THE DEPUTY COMMISSIONER BELGAM, DISTRICT: BELGAUM-590001

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3. DEPUTY CHIKKODI SUB DIVISION CHIKKODI-591201 DISTRICT: BELGAUM

4. THE TAHSILDAR RAIBAGH DISTRICT: BELGAUM-591317

5. THE CHAIRMAN NANDIKURALI GRAM PANCHAYAT TQ RAIBAGH, DISTRICT: BELGAUM-591317 ... RESPONDENTS (By Sri R DEVDAS, AGA FOR R1-R4. R5 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO DIRECT OR ORDER IN THE LIKE NATURE IN THE PUBLIC INTEREST OF THE PUBLIC OF KEMPATTI VILLAGE, RAIBAGH TALUK, BELGAUM DISTRICT, DIRECTING THE RESPODNENT AUTHORITIES TO BIFURCATE AND SEPARATE THE KEMPATTI VILLAGE, FROM NANDIKURLI GRAM PANCHAYAT AND FURTHER DIRECT THE RESPONDENT AUTHORITIES TO SANCTION AND ESTABLISH THE KEMPATTI GRAM PANCHAYAT AS AN INDEPENDENT GRAM PANCHAYAT AND ETC.,

THIS WRIT PETITION COMING ON FOR PRELIMINRY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:

O R D E R

K.SREEDHAR RAO, Ag.C.J. (Oral) :

The petitioners are the residents of Kempatti village coming within the jurisdiction of Nandikurli Gram Panchayat of

Raibagh Taluk. The petitioners seek that Kempatti Village is eligible to be upgraded as an independent Gram Panchayat as per the provisions of Section (4) of the Karnataka Gram

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Panchayat Raj Act, 1993 and in that regard they seek a writ of mandamus.

2. The petitioners had given representations to that effect vide Annexure-C to the Minister of Panchayat Raj. Annexures-

D, E, F and G are the recommendations made by the Tahsildar,

Raibagh and State Election Commission supporting the claim of the petitioners that Kempatti Village should be upgraded as an independent Gram Panchayat. In view of the said material, respondent nos.1 and 2 are directed to consider the representation and pass orders in accordance with law within three months.

The Writ Petition is disposed of accordingly.

Sd/- ACTING CHIEF JUSTICE

Sd/- JUDGE

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