Karnataka High Court
K C Purushothama vs The Deputy Commissioner on 19 January, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR.JUSTICE S.G.PANDIT
WRIT PETITION NO.21077/2022 (LB-RES)
A/W
WRIT PETITION NO.22871/2022 (LB-RES)
W.P.NO.21077/2022
BETWEEN:
K C PURUSHOTHAMA
S/O K C CHANDRASHEKHARAPPA
AGED ABOUT 50 YEARS
SHAKUNTALAMMA EXTENSION
C B ROAD, HOLALKERE
CHITRADURGA DISTRICT-577526.
...PETITIONER
(BY SRI SIDDAPPA B M, ADV.)
AND:
1. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA-577501.
2. THE CHIEF OFFICER
HOLALKERE MUNICIPALITY
HOLALKERE-577526
CHITRADURGA DISTRICT.
3. THE PANCHAYAT DEVELOPMENT OFFICER
SHIVAGANGA GRAMA PANCHAYAT
SHIVAGANGA-577526
2
HOLALKERE TALUK
CHITRADURGA DISTRICT.
...RESPONDENTS
(BY SRI K.R.NITHYANANDA, AGA FOR R1
R2- SERVED
SRI P.S.MALIPATIL, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A)
DIRECTION IN THE NATURE OF WRIT, QUASHING
ENDORSEMENT BEARING NO.GR.PAM.SHI.KU.VA.HI.02/2022-23
DATED 13.10.2022 ISSUED BY THE RESPONDENT NO.3
PRODUCED AS ANNEXURE-D AND ETC.
W.P.NO.22871/2022
BETWEEN:
1. SEETHAMMA
W/O LATE MALIGE BORAPPA
AGED ABOUT 70 YEARS
AREHALLI VILLAGE
HOLALKERE TALUK
CHITRADURGA DISTRICT-577526.
2. ROOPA W/O NAGARAJ
AGED ABOUT 35 YEARS
AREHALLI VILLAGE
HOLALKERE TALUK
CHITRADURGA DISTRICT-577526.
3. P.J. SUMITRA W/O INDUDHARA
AGED ABOUT 47 YEARS
AREHALLI VILLAGE
HOLALKERE TALUK
CHITRADURGA DISTRICT- 577526.
...PETITIONERS
(BY SRI SIDDAPPA B M, ADV.)
3
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
BY ITS SECRETARY
VIKASA SOUDHA
BANGALORE -560 001.
2. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA- 577501.
3. THE CHIEF OFFICER
HOLALKERE MUNICIPALITY
HOLALKERE- 577526
CHITRADURGA DISTRICT.
4. THE PANCHAYAT DEVELOPMENT OFFICER
AREHALLI GRAMA PANCHAYAT
AREHALLI- 577526
HOLALKERE TALUK
CHITRADURGA DISTRICT.
...RESPONDENTS
(BY SRI K.R.NITHYANANDA, AGA FOR R1 & R2
R3-SERVED
SRI N PRAVEEN KUMAR, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ENDORSEMENT ISSUED BY THE R-4 DATED 19.09.2022 VIDE
ANNX-C AND R-3 DATED 22.09.2022 VIDE ANNX-D, R-4 DATED
19.09.2022 VIDE ANXN-F AND R-3 DATED 22.09.2022 VIDE
ANNX-G AND R-4 DATED 19.09.2022 VIDE ANNX-J AND R-3
DATED 22.09.2022 VIDE ANNX-K AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
4
ORDER
Since similar facts are involved and similar reliefs are sought in these two writ petitions, these two petitions are taken up for disposal with consent and disposed of by this common order.
2. The petitioners are before this Court challenging the endorsement bearing No.UÁæ.¥ÀA.².PÀÄ.ªÀ.».02/2022-23 dated 13.10.2022 in W.P.No.21077/2022 and endorsement bearing No.UÁæ.¥ÀA.C./»A§gÀºÀ/¹Dgï-2022-23 dated 19.09.2022 (Annexure-C) and endorsement bearing No.¥ÀÄ.ºÉÆ.PÀA.±Á.¹.Dgï.:2021-22 dated 22.09.2022 (Annexure-D) in W.P.No.282871/2022.
3. Heard learned counsel Sri.B.M.Siddappa for petitioners in both the writ petitions; Sri.K.R.Nityananda, learned AGA for respondent No.1 in both the writ petitions; Sri.P.S.Malipatil, learned counsel for respondent No.3 in W.P.No.21077/2022 and Sri.N.Praveen Kumar, learned 5 counsel for respondent No.4 in W.P.No.22871/2022. Perused the writ petition papers.
4. Learned counsel for the petitioners would submit that Kudineerakatte and Arehalli villages were included in the area of Holalkere Town Municipal Council by the Government in pursuance of notification dated 23.03.2021. The said notification was the subject matter of W.P.No.19561/2021 and connected writ petition. Learned counsel for the petitioners would submit that this Court, by order dated 08.11.2021 stayed the said notification dated 23.03.2021 in the above stated writ petitions. The petitioners had submitted applications to the concerned Grama Panchayat for issuance of e-katha. Under impugned endorsement in W.P.No.21077/2022, the petitioners were informed that as the concerned villages are included in the area of Holalkere Town Municipal Council, petitioners' were directed to approach Municipal Council for determination of tax and for issuance of e-katha. In W.P.No.22871/2022, the petitioners 6 are issued with endorsement stating that since Arehalli village has been included in the Holalkere Municipality, the petitioners were advised to seek necessary documents from the second respondent-Municipality.
5. Learned counsel Sri.B.M.Siddappa for petitioners would submit that in view of the interim order granted staying the notification by which, Kudineerakatte and Areahalli villages are included in the Holalkere Town Municipal Council, the villages would continue in Panchayath and it is for the Panchayath to consider their request.
6. Learned counsel appearing for respondent Nos.3 and 4/Panchayat submits that applications of the petitioners in both the writ petitions would be considered in accordance with law and they would pass appropriate orders.
7. It is not in dispute that Kudineerakatte and Arehalli villages are included in the area of Town Municipal Council of Holalkere Town under notification dated 23.03.2021 7 (Annexure-E to W.P.No.21077/2022). The said notification is the subject matter of W.P.No.19561/2021 and connected matter before this Court. This Court, by order dated 08.11.2021 restrained the State Government from proceeding further in terms of the impugned notification. The effect of interim order of this Court is that when the notification including the villages of Kudineerakatte and Arehalli in Municipal Council is stayed or restrained the Government from proceeding in terms of notification, those two villages continue in the respective Panchayath area.
8. In the light of the above interim order and its effect, the respondents-Grama Panchayaths are obliged to consider the requests of the petitioners in terms of their application dated 01.05.2021 in W.P.No.21077/2022 and applications dated 21.09.2022, 19.09.2022 and 21.09.2022 in W.P.No.22871/2022. Hence, the following order: 8
Respondent No.3 in W.P.No.21077/2022 is directed to consider the petitioners' application dated 01.05.2021 and pass appropriate orders, in accordance with law.
Respondent No.4/Panchayat in W.P.No.22871/2022 is directed to consider petitioners' applications dated 21.09.2022, 19.09.2022 and 21.09.2022 and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
With the above, both the writ petitions stand disposed of.
SD/-
JUDGE mpk/-* CT:bms