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1 in the High Court of Karnataka Dharwad Bench 1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 3 RD DAY OF JUNE, 2014 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.7198/2007 (LB-RES) BETWEEN: 1. SHRI MAREPPA SHRIPAL MUNNOLI AGED 48 YRS, OCC:AGRICULTURE R/O BELLAD BAGEWADI- 591309 HUKERI TQ, BELGAUM DISTRICT. 2. SHRI RAMESH BANDAPPA MUNNOLI AGED 45 YRS, OCC:AGRICULTURE, R/O BELLAD BAGEWADI-591309 HUKERI TQ, BELGAUM DIST. ... PETITIONERS (BY SRI. B S KAMATE, ADV.) AND 1. THE EXECUTIVE OFFICER, TALUK PANCHAYAT, HUKERI-591309 DIST: BELGAUM. 2. THE GRAM PANCHAYAT, BELLAD BAGEWADI, REP BY ITS SECRETARY, 2 BELLAD BAGEWADI-591 309, TALUK: HUKERI, BELGAUM DIST. ... RESPONDENTS (BY SMT. S P PATIL, ADV. FOR R1, SRI. MAHANTESH C KOTTURSHETTAR, ADV. FOR R2.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT/ ORDER DT.9.4.2007, ISSUED BY THE R1, PRODUCED AT ANN-D. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard learned advocates on both sides and perused the writ petition record. 2. Petitioners had filed an application, on 29.04.05, to Bellad Bagewadi Grama Panchayat, requesting to enter their name in the Panchayat records, in respect of property measuring 30’ x 43’ of Bellad Bagewadi. The 2 nd respondent - Bellad Bagewadi Grama Panchayat, passed a resolution on 15.05.2006, rejecting the claim of the petitioners, to enter their names in respect of the said property, in the Panchayat records. Appeal filed by the petitioners under S.269 of the Karnataka 3 Panchayat Raj Act, 1993 (for short, the Act), as against the said resolution was allowed and the case was remanded to the Grama Panchayat for fresh decision. A resolution having been passed by the 2 nd respondent, on 20.01.2007, rejecting the application of the petitioners, an appeal was preferred before the 1 st respondent, who issued an endorsement dated 09.04.2007, holding “appeal lies to the Asst. Commissioner, under S.211 of the Act”. Assailing the said endorsement, this writ petition was filed. 3. Resolution rejecting the claim of the petitioners passed on 15.05.2006, when questioned in an appeal under S.269 of the Act, an order was passed by the 1 st respondent, allowing the appeal and remanding the case to the 2 nd respondent for fresh enquiry. Thereafter, a resolution having been passed by the Grama Panchayat, on 20.01.2007, reiterating its earlier resolution dated 15.05.2006, the 1 st respondent was approached for relief, by filing appeal under S.269 of the Act. The 1 st respondent has mechanically issued the impugned endorsement, in 4 disregard of the order passed by him on 20.12.2006. There is non application of mind and non consideration of the case by the 1 st respondent, more particularly on account of the order dated 20.12.2006 passed against the resolution dated 15.05.2006. In the circumstances, the impugned endorsement being vitiated, is liable to be quashed. In the result, writ petition is allowed. The endorsement of 1 st respondent dated 09.04.2007 as at Annexure-D is quashed. Consequently, the 1 st respondent is directed to take up the appeal filed by the petitioners against resolution dated 20.01.2007 of the 2 nd respondent and decide the same in accordance with law, after giving notice to both parties. All contentions of both sides are left open for consideration and decision by the 1 st respondent. No costs. SD/- JUDGE sac*.
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