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In the High Court of Karnataka, Bangalore

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In the High Court of Karnataka, Bangalore 1 W.P.47545/12 C/W WP.4423/11 IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 17TH DAY OF NOVEMBER, 2014 BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NO.47545/2012 (LB-RES) C/ W. WRIT PETITION NO.4423/2011 (LB-RES) IN WP NO.47545/12 BETWEEN : H.N DEVARAJ S/O LATE NEMIRAJENDRA, AGED ABOUT 43 YEARS, RESIDING AT HUMCHA VILLAGE, HUMCHA POST, HOSANAGAR TALUK-577418, SHIVAMOGGA DISTRICT. ... PETITIONER (By Sri. PRUTHVI WODEYAR, ADV.,) AND : 1. THE PRESIDENT ZILLA PANCHAYATH, SHIVAMOGGA-577 101. 2. THE EXECUTIVE OFFICER, HOSANAGARA TALUK PANCHAYATH, HOSANAGARA-577 418, SHIVAMOGGA DISTRICT. 3. THE GRAMA PANCHAYATH HUMCHA, HOSANAGARA TALUK-577418, SHIVAMOGGA DISTRICT, REP. BY ITS SECRETARY. 2 W.P.47545/12 C/W WP.4423/11 4. MAHAVEERA INDRA, S/O LATE ADIRAJA INDRA, SINCE DECEASED BY HIS LRS 4(a) SMT. SUMATHI M. W/O LATE MAHAVEERA INDRA, AGED 60 YEARS, OCC: HOUSEHOLD, R/O SUMANJALI AND POST, HUMCHA, HOSANAGAR TALUK SHIVAMOGGA DISTRICT-577 418. 4(b) VEERENDRA H.M., S/O LATE MAHAVEERA INDRA, AGED 38 YEARS, R/O SUMANJALI AND POST, HUMCHA, HOSANAGAR TALUK SHIVAMOGGA DISTRICT-577 418. 5. H.A.PRABHA CHANDRA INDRA, S/O. LATE ADIRAJA INDRA, AGED ABOUT 70 YEARS, OCC: ARCHAK, R/O HUMCHA VILLAGE, HUMCHA POST, HOSANAGAR TALUK-577 418, SHIVAMOGGA DISTRICT. 6. H.A.NAGARAJA INDRA, S/O LATE ADI RAJENDRA, & ADI RAJA INDRA, AGED ABOUT 62 YEARS, OCC: ARCHAK, R/O HUMCHA VILLAGE, HUMCHA POST, HOSANAGAR TALUK-577418, SHIVAMOGGA DISTRICT 7. H.A.JAGAPATHALA INDRA, S/O LATE ADI RAJENDRA & ADI RAJA INDRA, 3 W.P.47545/12 C/W WP.4423/11 AGED ABOUT 62 YEARS, OCC: EMPLOYEE, R/O C/O NATIONAL PRE-UNIVERSITY, KASTHURBA WOMENS COLLEGE, KASTHURBA ROAD, SHIMOGA CITY-577418 8. H.A.ABHAYA KUMAR, S/O. LATE ADI RAJA INDRA, AGED ABOAUT 53 YEARS, R/O HUMCHA VILLAGE, HUMCHA POST, HOSANAGAR TALUK-577418, SHIVAMOGGA DISTRICT 9. H.A.SRIDHARA INDRA, S/O LATE ADI RAJA INDRA, R/O HUMCHA VILLAGE, HUMCHA POST, HOSANAGAR TALUK-577418, SHIVAMOGGA DISTRICT. 10. SRI VISHWASENA INDRA, S/O LATE NEMIRAJA INDRA, R/O HUMCHA VILLAGE, HUMCHA POST, HOSANAGAR TALUK-577418, SHIVAMOGGA DISTRICT. 11. SRI DHARANENDRA INDRA S/O. LATE NEMIRAJA INDRA, AGED ABOUT 48 YEARS, R/O HUMCHA VILLAGE, HUMCHA POST, HOSANAGAR TALUK-577418, SHIVAMOGGA DISTRICT. 12. SRI RAVEENDRA INDRA, S/O LATE NEMIRAJA INDRA, R/O HUMCHA VILLAGE, HUMCHA POST, HOSANAGAR TALUK-577418, SHIVAMOGGA DISTRICT. 4 W.P.47545/12 C/W WP.4423/11 13. H.S.SRI VARMA INDRA S/O SRIDHARA INDRA, R/O HUMCHA VILLAGE, HUMCHA POST, HOSANAGAR TALUK-577418, SHIVAMOGGA DISTRICT. ... RESPONDENTS (By Sri. B.J ESHWARAPPA, ADV., FOR R1; SRI. ISHWAR, ADV., FOR R2; SRI. S.V.PRAKASH, ADV., FOR R4A, R4B, R5-R8; R3 SERVED; NOTICE TO R9-R13 DISPNSED WITH V/O DATED 22/1/2013 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED RESOLUTION DATED 13.1.06 PASSED BY THE R3 VIDE ANNX-C AND ALSO ORDER DATED 17.7.06 PASSED BY THE R2 VIDE ANNX-D & ETC., IN WP NO.4423/11 BETWEEN: 1. MAHAVEERA INDRA S/O LATE ADIRAJA INDRA, AGED ABOUT 62 YEARS OCC:ARCHAK, R/O HUNCHA VILLAGE, HOSANAGARA TALUK, SHIMOGA DISTRICT. SINCE DEAD BY HIS LRS. 1(a) SMT. SUMATHI M, W/O LATE MAHAVEERA INDRA AGE – 58 YEARS OCC. OUSEMAKER 1(b) VEERENDRA H.M. S/O LATE MAHAVEERA INDRA 36 YEARS, R/O SUMANSALI AT POST HUNCH, HOSANAGAR TALUK, SHIMOGA DISTRICT. 2. H.A PRABHA CHANDRA INDRA AGED ABOUT 70 YEARS 5 W.P.47545/12 C/W WP.4423/11 S/O LATE ADIRAJA INDRA, OCC: ARCHAK, R/O HUNCHA VILLAGE, HOSANAGARA TALUK, SHIMOGA DISTRICT. 3. H.A NAGARAJA INDRA AGED ABOUT 60 YEARS S/O LATE ADI RAJENDRA & ADI RAJA INDRA, OCC: ARCHAK, R/O HUNCHA VILLAGE, HOSANAGARA TALUK, SHIMOGA DISTRICT 4. H.A JAGAPTHALA INDRA AGED ABOUT 57 YEARS S/O LATE ADI RAJENDRA & ADI RAJA INDRA, OCC: EMPLOYEE C/O NATIONAL PRE-UNIVERSITY KASTHURBA WOMENS COLLEGE, KASTHURBA ROAD, SHIMOGA CITY 5. H.A ABHAYA KUMAR S/O LATE ADI RAJA INDRA, AGED ABOUT 51 YEARS R/O HUNCHA VILLAGE, HOSANAGARA TALUK, SHIMOGA DISTRICT. ... PETITIONERS (By Sri. S.V PRAKASH, ADV.,) AND: 1. H.N DEVARAJA S/O LATE NEMIRAJENDRA R/O HUNCHA VILLAGE, HUNCHA POST, HOSANAGARA TALUK, SHIMOGA DISTRICT. 2. H.A SRIDHARA INDRA S/O ADI RAJA INDRA AGED 64 YEARS 6 W.P.47545/12 C/W WP.4423/11 R/O HUNCHA VILLAGE, HOSANAGARA TALUK, SHIMOGA DISTRICT. 3. SRI VISHWASENA INDRA S/O LATE NEMIRAJA INDRA, AGE MAJOR, R/O HUNCHA VILLAGE, HUNCHA POST, HOSANAGARA TALUK, SHIMOGA DISTRICT. 4. DHARANEENDRA INDRA S/O LATE NEMIRAJA INDRA, R/O HUNCHA VILLAGE, HUNCHA POST, HOSANAGARA TALUK, SHIMOGA DISTRICT. 5. RAVEENDRA INDRA S/O LATE NEMIRAJA INDRA, R/O HUNCHA VILLAGE, HUNCHA POST, HOSANAGARA TALUK, SHIMOGA DISTRICT. 6. H.S SRI VARMA INDRA S/O SRIDHARA INDRA R/O HUNCHA VILLAGE, HUNCHA POST, HOSANAGARA TALUK, SHIMOGA DISTRICT. 7. THE GRAMA PANCHAYATH HUNCHA, HOSA NAGARA TALUK, SHIMOGA DISTRICT, REPRESENTED BY ITS SECRETARY 8. THE EXECUTIVE OFFICER HOSANAGARA TALUK PANCHAYATH HOSANAGARA, SHIMOGA DISTRICT. 9. PRESIDENT ZILLA PANCHAYATH SHIMOGA CITY. ... RESPONDENTS (By Sri. PRUTHVI WODEYAR, ADV., FOR R1-R6; SRI. B.J. ESWARAPPA, ADV., FOR R7 TO R9) 7 W.P.47545/12 C/W WP.4423/11 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE 9 TH RESPONDENT DATED 20.11.2010 IN CASE NO.ZPS/APPEAL.06/2006-07 PRODUCED AS ANNEX.Q TO THE WRIT PETITION & ETC., THESE WRIT PETITIONS COMING ON FOR PRL.HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner in WP No.47545/2012 is not a party to the proceeding in the Appeal u/s. 269 of the Karnataka Panchayat Raj Act, 1993, for short ‘Act’, before the 2 nd respondent Executive Officer instituted by the 4 th respondent. It is alleged that the appeal was allowed by order dated 17.7.2006, Annexure-D, setting aside the resolution dated 13.1.2006 of the 3 rd respondent Grama Panchayat, directing recording the name of the petitioner to the extent of one-fourth portion of the immovable property in question, while the remaining two-third in the name of 5 th respondent and his siblings including the 4th respondent. 8 W.P.47545/12 C/W WP.4423/11 2. WP No.4423/2011 is filed by respondents 4 to 8 in WP No.47545/2012, calling in question the order dated 20.11.2010 Annexure-E of the Adhyaksha, Zilla Panchayat, setting aside the order dated 17.7.2006 Annexure-D of the Taluk Panchayat, on the premise that such second appeal is not maintainable in the light of sub-section [2] of section 269 of the ‘Act’, as that order is final. 3. There can be no more dispute over the finality attached to the order passed u/s. 269 of the ‘Act’ and therefore the order of the Adhyaksha, Zilla Panchayat, deserves to be quashed and as a result, WP No.4423/2011 is allowed and that order is quashed. 4. WP No.47545/2012 too deserves to be allowed since the order dated 13.1.2007 of the Taluk Panchayat u/s. 269 of the ‘Act’ is passed in violation of the principles of natural justice, in not affording an opportunity of hearing to the petitioner. 9 W.P.47545/12 C/W WP.4423/11 5. Learned Counsel for the contesting respondents does not oppose the fact that the order dated 13.01.2007 of the Executive Officer, Taluk Panchayat is passed in violation of the principles of natural justice, as the petitioner was not arraigned as a party therein. 6. Although petitioner has called in question the resolution dated 13.1.2007 Annexure-C and the order Annexure-D of the 2 nd respondent, nevertheless, learned Counsel submits that the petitioner would be satisfied with the quashing of the order dated 17.7.2006 Annexure-D of the 2 nd respondent. 7. In that view of the matter, WP No.47545/2012 is accordingly ordered. The order Annexure-D is quashed and the proceeding is remitted for consideration afresh after extending reasonable opportunity of hearing, by arraigning as necessary and 10 W.P.47545/12 C/W WP.4423/11 proper parties, not only the petitioner, but all other interested parties and thereafterwards pass orders strictly in accordance with law. Sd/- JUDGE AN/- .
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