Karnataka High Court
Umesh Karkera vs 36 Udyavara Grama Panchayath on 14 November, 2014
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
W.P.2599/2012
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 14TH DAY OF NOVEMBER, 2014
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
WRIT PETITION NO. 2599 OF 2012 (LB-RES)
BETWEEN:
UMESH KARKERA,
AGED 31 YEARS
S/O. SOMAPPA AMIL
DOOR NO 12-34 E
SHARADA NIVAS
PITHRODY, UDYAVARA VILLAGE
UDUPI TALUK & DISTRICT. ... PETITIONER
(By Sri. VIGHNESHWARA, ADV.)
AND
1. 36 UDYAVARA GRAMA PANCHAYATH
UDYAVARA - 574 118.
UDUPI TALUK & DISTRICT.
REP. BY ITS PRESIDENT
2. PANCHAYATH DEVELOPMENT OFFICER
UDYAVARA GRAMA PANCHAYATH
UDYAVARA - 574 118.
3. PANCHAKSHARI SWAMY HIREMATH
AGED ABOUT 52 YEARS
PRESENTLY WORKIN AS P.D.O
ALEVOOR GRAMA PANCHAYATH.
... RESPONDENTS
(By Sri. R. SHIVACHARAN, ADV. FOR R2,
SRI ABHINAY P PATIL ADV. FOR R3; PETITION DISMISSED
AGAINST R1 VOID ORDER DATED 6.2.14)
2
W.P.2599/2012
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
TO CALL FOR EMERGENT SPECIAL GENERAL BODY MEETING
IN THE GRAMA PANCHAYATH TO TAKE EFFECTIVE MEASURES
AS PER LAW AND ALSO TO ABIDE BY THE DIRECTIONS ISSUED
BY THE COURT AS PER THE ORDER VIDE ANNX-A FORTHWITH
& ETC.,
THIS WRIT PETITION COMING ON FOR PRL.HEARING in
'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner claim to be one amongst the elected members of the Udyavara Grama Panchayat, 1st respondent. According to the petitioner, the members of Grama Panchayat made a complaint against respondents 2 and 3, to the President of the Grama Panchayat to initiate action against the said respondents for non-compliance with the order dated 20.10.2011 in W.P.No.26199-200/2011 and connected petitions, in the matter of issuing show cause notices to various Fish Meal units. It is asserted that 1st respondent-Grama Panchayat, issued notice to respondents 2 and 3 calling upon them to inform the 3 W.P.2599/2012 Panchayat over the alleged show cause notices, as well as non-compliance of the order of this Court. Thereafterwards, petitioner, along with the President of the 1st respondent-Grama Panchayat is said to have submitted a complaint to the Executive Officer of the Zilla Panchayat, Udupi over the inaction and failure to discharge statutory duties by respondents 2 and 3. Consequent thereupon, it is said, there were several meetings, in which Udupi District Pollution Department participated and the Fish Meal units tendered undertakings. It is the allegation of the petitioner that respondents 2 and 3 colluded with the Fish Meal Units, their conduct and behaviour not being above board, hence this petition for a writ of mandamus to direct the 1st respondent-Grama Panchayat to call for an emergent special general body meeting to take effective measures in accordance with law and comply with the directions of this Court in Order dt.20.10.2011 Annexure-A; to declare the action taken by respondents 2 and 3 as not 4 W.P.2599/2012 in consonance with the directions in Annexure-A; and for a further direction to issue fresh show cause notice.
2. The petition was dismissed as against 1st respondent-Grama Panchayat on 6.2.2014. In that view of the matter, the first relief, against the 1st respondent does not survive.
3. As regards the show cause notices issued by respondents 2 and 3, petitioner must await a finality over the said show cause notices and not come rushing to this Court alleging that they are not in consonance with the Order, Annexure-A. Petition shorn of merit, is rejected.
Sd/-
JUDGE ln.