This writ petition challenged a list of beneficiaries without specifying a scheme. The High Court held the petitioner lacked locus standi and dismissed the petition, noting the scheme was already implemented.
Writ petition dismissed for lack of locus standi; interlocutory applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:11616 WP No. 102869 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102869 OF 2015 (LB-RES)
BETWEEN:
UMAKANT SOMASHEKHAR KSHATRIYA, AGE: 40 YEARS, OCC: AGRICULTURE AND MEMBER OF GRAMA PANCHAYAT, R/O: BELLANAKERI, SIRSI TALUK, U.K. DIST.
…PETITIONER
(BY SRI S.G. KADADAKATTI, ADVOCATE)
AND:
MOHANKUMAR B SHELAR
Digitally signed by MOHANKUMAR B SHELAR Date: 2023.10.10 14:49:18 +0530
BY ITS CHIEF EXECUTIVE OFFICER.
MAJOR, R/O. DASANAKOPPA VILLAGE, SIRSI TALUK, U.K. DISTRICT.
…RESPONDENTS
(BY SRI P.N. HATTI, HCGP FOR R1, R3 & R6; SRI VISHWANATH HEDGE, ADV. FOR R4, 5, 7 & 8; NOTICE TO R2, 9 TO 16, R18 TO 20 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE, WRIT IN THE NATURE OF CERTIORARI TO QUASH THE LIST OF CANDIDATES ISSUED BY THE 8TH RESPONDENT, PANCHAYAT DEVELOPMENT OFFICER, BADANAGOD GRAMA PANCHAYAT, DATED 29.11.2014, NO.GRA.PUM.B./2014-2015, VIDE ANNEXURE-L BY ALLOWING THIS WRIT PETITION; ISSUE, WRIT OF MANDAMUS DIRECTING THE 8TH RESPONDENT TO IDENTIFY THE ELIGIBLE BENEFICIARIES OUT OF THE LIST MAINTAINED BY IT VIDE ANNEXURE-B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Captioned petition is filed by the member of respondent No.8-Gram Panchayat, Badanagod assailing the impugned list of beneficiaries issued by respondent No.8.
Admittedly, petitioner is not beneficiary and therefore, he has no locus to question the list of beneficiaries issued by respondent No.8-Gram Panchayat. On this count also, the writ is liable to be dismissed. For the reasons stated supra, the writ petition being devoid of merits stands dismissed.
consideration and are disposed of accordingly.
Sd/JUDGE
YAN List No.: 1 Sl No.: 54
1 issue framed by the court
Whether a petitioner who is not a beneficiary can question the list of beneficiaries issued by a Gram Panchayat.
Umakant Somashekhar Kshatriya
The State of Karnataka
Mohankumar B Shelar
The Managing Director, Rajeeva Gandhi Housing Corporation Limited
The Deputy Commissioner Karwar
The Zilla Panchayat Karwar
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
