Karnataka High Court
Sree Basavanna Devaru Seva Trust vs The Principal Secretary on 9 April, 2018
Author: S.Sujatha
Bench: S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2018
BEFORE:
THE HON'BLE MRS. JUSTICE S.SUJATHA
W.P.No.45464/2015 c/w W.P.Nos.43283/2016
& 43465-469/2016 & 43742-474/2016 (LB - RES)
IN W.P.No.45464/2015
BETWEEN:
SREE BASAVANNA DEVARU SEVA TRUST
HADAVANAHALLI VILLAGE
DANDINASHIRA HOBLI
TURUVEKERE TALUK-572211
TUMKUR DISTRICT-570102
REP. BY ITS PRESIDENT
H.N.SHIVAKUMARA SWAMY. ... PETITIONER
[BY SRI A.V.GANGADHARAPPA., ADV. FOR
SRI PRAKASHA.H.C., ADV.]
AND:
1. THE PRINCIPAL SECRETARY
RURAL DEVELOPMENT & PANCHAYATH RAJ
M.S. BUILDING, AMBEDKAR VEEDI
BENGALURU-560001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH, TUMKUR-572102.
3. THE EXECUTIVE OFFICER
TALUK PANCHAYATH
TURUVEKERE - 572211
TUMKUR DISTRICT.
4. THE PANCHAYATH DEVELOPMENT OFFICER
HADAVANAHALLI PANCHAYATH
HADAVANAHALLI, DANDINASHIRA HOBLI
-2-
TURUVEKERE TALUK-572211
TUMKUR DISTRICT.
5. THE GRAMA PANCHAYAT
HADAVANAHALLI PANCHAYATH
HADAVANAHALLI, DANDINASHIRA HOBLI
TURUVEKERE TALUK-572211
TUMKUR DISTRICT
REP. BY ITS PRESIDENT.
6. THE DEPUTY COMMISSIONER
TUMAKURU DISTRICT, TUMAKURU
PIN CODE: 572102. ...RESPONDENTS
[BY SRI MUNIGANGAPPA., HCGP FOR R-1, R-6 & R-7;
SRI A.NAGARAJAPPA, ADV., FOR R2 TO R-4;
SRI K.G.LAKSHMIPATHI, ADV. FOR R-5.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENT No.2 TO CONSIDER THE REPRESENTATION
OF PETITIONER DATED 26.09.2015 VIDE ANNEXURE-G & ETC.
IN W.P.Nos.43283/2016 & 43465-469/2016 & 43742-
474/2016:
BETWEEN:
1. H.D.NARASE GOWDA
S/O DODDAIAH
AGED ABOUT 65 YEARS
MEMBER VICE CHAIRMAN
HADAVANAHALLI GRAM PANCHAYAT
TURUVEKERE TALUK
TUMKUR DISTRICT-570102
2. H.RAJANNA
S/O LATE HUTCHAPPA
AGED ABOUT 45 YEARS, MEMBER
HADAVANAHALLI GRAM PANCHAYAT
TURUVEKERE TALUK
TUMKUR DISTRICT-570102.
3. H.G.PARAMESHWARAIAH
S/O GANGADHARAIAH
-3-
AGED ABOUT 32 YEARS, MEMBER
HADAVANAHALLI GRAM PANCHAYAT
TURUVEKERE TALUK
TUMKUR DISTRICT-570102.
4. RANGASWAMAIAH G.H.
S/O LAKKANNA
AGED ABOUT 36 YEARS, MEMBER
HADAVANAHALLI GRAM PANCHAYAT
TURUVEKERE TALUK
TUMKUR DISTRICT-570102.
5. SMT PUSHPAVATHI
W/O PARAMASHIVAIAH
AGED ABOUT 38 YEARS, MEMBER
HADAVANAHALLI GRAM PANCHAYAT
TURUVEKERE TALUK
TUMKUR DISTRICT-570102.
6. SMT JAYAMMA
W/O GANNAIAH
AGED ABOUT 42 YEARS, MEMBER
HADAVANAHALLI GRAM PANCHAYAT
TURUVEKERE TALUK
TUMKUR DISTRICT-570102.
7. SMT VASANTHAMMA
W/O SHIVANNA
AGED ABOUT 40 YEARS, MEMBER
HADAVANAHALLI GRAM PANCHAYAT
TURUVEKERE TALUK
TUMKUR DISTRICT-570102.
8. SMT LAKSHMI DEVAMMA.B.H.
W/O RANGASWAMY
AGED ABOUT 55 YEARS, MEMBER
HADAVANAHALLI GRAM PANCHAYAT
TURUVEKERE TALUK
TUMKUR DISTRICT-570102.
9. SMT SAROJAMMA
W/O GIRIYAPPA
AGED ABOUT 46 YEARS, MEMBER
HADAVANAHALLI GRAM PANCHAYAT
-4-
TURUVEKERE TALUK
TUMKUR DISTRICT-570102. ... PETITIONERS
[BY SRI B.K.MANJUNATH., ADV.]
AND:
1. THE DEPUTY COMMISSIONER
TUMKUR DISTRICT
TUMKUR - 572102.
2. THE ZILLA PANCHAYAT
TUMKUR DISTRICT-572102.
REP. BY ITS CHIEF EXECUTIVE OFFICER.
3. THE TALUK PANCHAYAT
TURUVEKERE, TUMKUR-572102
REP. BY ITS EXECUTIVE OFFICER.
4. THE TAHASILDAR
TURUVEKERE TALUK, TURUVEKERE
TUMKUR DISTRICT-572102.
5. HADAVANAHALLI GRAMA PANCHAYAT
HADAVANAHALLI VILLAGE
TURUVEKERE TALUK
TUMKUR DISTRICT-5721202
REP. BY PANCHAYAT DEVELOPMENT OFFICER.
6. SRI BASAVANNA DEVARU SEVA TRUST
HADAVANAHALLI VILLAGE
TURUVEKERE TALUK
TUMKUR DISTRICT-572102
REP. BY ITS PRESIDENT. ...RESPONDENTS
[BY SRI MUNIGANGAPPA., HCGP FOR R-1, R-6 & R-7;
SRI A.NAGARAJAPPA, ADV., FOR R2 TO R-4;
SRI K.G.LAKSHMIPATHI, ADV. FOR R-5.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE COMMUNICATION ISSUED BY THE RESPONDENT
No.1 TO THE RESPONDENT No.2 VIDE ANNEXURE-S DATED
19.07.2016 BY ISSUING A WRIT OF CRTIORARI AND ETC.
-5-
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Since the common issues are involved in these writ petitions, the same are heard together and disposed of by this common order.
2. The issue is regarding the establishment of panchayath head quarters of Hadavanahalli Gram Panchayath. This issue is no more res integra in view of the decision of this Court passed in W.P.No.16188/2015 dated 24.04.2015, whereby the Co- ordinate Bench of this Court has upheld the order passed by the Regional Commissioner dated 30.03.2015 which has reached finality. Accordingly, the head quarters of Hadavanahalli village Gram Panchayath has to be established at Hadavanahalli Village.
3. The petitioner in W.P.No.45464/2015 has sought for a direction to respondent No.2 i.e., Chief -6- Executive Officer, Zilla Panchayat to consider the representation of the petitioner dated 26.09.2015 (Annexure-G to the writ petition), interalia seeking for a direction to respondent Nos.2 to 6 to open the panchayat office at Hadavanahalli village, in terms of the order of Regional Commissioner dated 30.03.2015 and respondent No.1 dated 14.05.2015. Learned counsel Sri.A.V.Gangadharappa, appearing for the petitioner in W.P.No.45464/2015 would contend that the prayer sought in the writ petition is in conformity with the order passed by this Court in W.P.No.16188/2015 dated 24.04.2015. It is the request of the petitioner to establish the head quarters at Hadavanahalli and not at Hadavanahalli Janatha Colony. Both the Annexures dated 30.03.2015 and 14.05.2015 (Annexures-A and D respectively) confirms the establishment of the head quarters at Hadavanahalli village. This has to be implemented by the respondent Nos.2 to 6. Hence, sought for a direction to the -7- respondent Nos.2 to 6 to establish the head quarters i.e., panchayat office at Hadavanahalli village.
4. The petitioners in W.P.Nos.43283/2016 and allied matters have challenged the communication issued by the first respondent (Deputy Commissioner, Tumkur District) to the second respondent (Zilla Parishad, Tumkur District) dated 19.07.2016 whereby it is directed to identify an appropriate Government land/Government building to establish the head quarters of the Hadavanahalli village at Hadavanahalli, if the same is not available to identify, any private property by issuing public notice and then to report before the said office, interalia challenging the public notice dated 25.07.2016 issued by the third and fifth respondents, Taluk Panchayat, Tumkur and Hadavanahalli Grama Panchayat, as well as the public notice dated 25.07.2016 issued by the third respondent and fifth respondents pursuant to Annexure-S dated -8- 19.07.2016. It is the contention of the petitioners that in terms of Annexure-L dated 03.10.2015, Secretary, Hadavanahalli Gram Panchayat had requested the Tahasildar-respondent No.4 to identify a suitable Government land for establishing the head quarters at Hadavanahalli village pursuant to which the land measuring to an extent of 5 guntas in Sy.No.65/p1 of Hadavanahalli village was identified, plan was sanctioned and resolution was passed by the respondent No.5 - Hadavanahalli Gram Panchayat to establish the head quarters, i.e., Hadavanahalli Gram Panchayat at Sy.No.65/p1 of Hadavanahalli village measuring to an extent of 5 guntas. It is the contention of the learned counsel that the head quarters of Hadavanahalli Gram Panchayat has to be established at Hadavanahalli village in terms of the order of the Regional Commissioner dated 30.03.2015 and the decision of this Court in W.P.No.16188/2015. However, the respondent No.1 - Deputy Commissioner ignoring -9- these aspects has issued the impugned communication at Annexure-S, directing the second respondent to identify the land for establishment of the head quarters at Hadavanahalli village which has already been identified and a building has been constructed in terms of the resolution passed by the respondent No.5. Elaborately arguing on this point, learned counsel for the petitioners would contend that the subsequent public notifications issued by the Authorities are unjustifiable, these Annexures-S, T & W deserve to be quashed, being contrary to the judgment of this Court in W.P.No.16188/2015 and the resolution of the respondent No.5.
5. Learned counsel Sri.K.GLakshmipathi, appearing for the Gram Panchayat - respondent No.5 would submit that in terms of the resolution passed by the Gram Panchayat, land has been identified, plan has been sanctioned and building has been constructed.
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Hence, the communication now issued by the Deputy Commissioner and the subsequent public notices are per se illegal and calls for interference by this Court.
6. I have given my anxious consideration to the arguments advanced by the learned counsel for the respective parties and perused the material on record.
7. It is not in dispute that the establishment of the head quarters has to be at Hadavanahalli village which has been finally concluded in terms of the order of this Court in W.P.No.16188/2015 dated 24.04.2015. What is in dispute is the location of the identified land and the constructed building whether comes within the jurisdiction of Hadavanahalli village or not. According to the learned counsel for the petitioners in W.P.Nos.43283/2016 and allied matters, these aspects are duly considered by the competent authorities as well as the Hadavanahalli Gram Panchayat and the resolution has been passed to construct the building for
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the establishment of the head quarters at Sy.No.65/p1 of Hadavanahalli village, measuring to an extent of 5 guntas. That being the position, there was no necessity for the respondent No.1 - Deputy Commissioner to issue Annexure-S to identify the land/building for the establishment of head quarters of Hadavanahalli Gram Panchayat. A perusal of the Annexure-S would not disclose any of the factors now addressed by the learned counsel for the petitioners. If the property identified by the respondent No.5 - Gram Panchayat is well within the jurisdiction of the Hadavanahalli village, there is absolutely no dispute between the parties. This factual aspect has to be ascertained by the respondent No.1, considering the factual matrix of the case as narrated above.
8. In the circumstances, this Court deems it appropriate to quash the public notices issued pursuant to Annexure-S i.e., Annexures-T & W and direct the
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respondent No.1 to examine the identification of the property for the establishment of the head quarters of Hadavanahalli Gram Panchayat in as much as the alleged construction in Sy.No.65/p1 of Hadavanahalli village pursuant to the resolution of the Hadavanahalli Gram Panchayat. Accordingly, Annexures-T & W in W.P.No.43283/2016 and connected matters are quashed. The matters are remitted to respondent No.1 - Deputy Commissioner to examine the identification of the land/building for the establishment of Hadavanahalli Gram Panchayat whether the property identified is established at Hadavanahalli and not at Hadavanahalli Janatha Colony in the light of the observations made above. It is made clear that if the proposed/alleged construction of the building for panchayat is not coming within the jurisdiction of the Hadavanahalli village, it is needless to observe that the respondent No.1 shall proceed with the Annexure-S to
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identify the suitable land/building by issuing the public notices in accordance with law.
9. This exercise shall be done by the Deputy Commissioner as expeditiously as possible within a period of six months from the date of receipt of certified copy of the order.
10. For the reasons aforesaid, the prayer sought in W.P.No.45464/2015 does not survive for consideration, accordingly stands disposed of.
Sd/-
JUDGE NC.