Petitioner challenged a Gram Panchayat endorsement refusing to register katha in his name. The court upheld the preliminary objection that an alternative statutory appeal lay before the Executive Officer of the Taluk Panchayat and dismissed the writ petition with liberty to pursue that remedy.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 17140 OF 2024 (LB-RES)
BETWEEN:
SRI. SHIVANANDA K.M, S/O MARULASIDDAIAH @ MARULASIDDAPPA, AGED ABOUT 50 YEARS, RESIDING AT MYLANAHALLI, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 123.
…PETITIONER
(BY SRI. MALLIKARJUN N.K, ADVOCATE FOR SRI. SAMPATH A, ADVOCATE)
AND:
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. M.S. DEVARAJU, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE
ENDORSEMENT DATED 17-04-2024 BEARING NO.BAA GRA PAM 01/2024-2025 ISSUED BY THE RESPONDENT NO.2-SECRETARY OF BANAVADI GRAMPANCHAYAT VIDE ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Sri.M.S.Devaraju, learned counsel is directed to take notice for both the respondents.
NC: 2024:KHC:24610 WP No. 17140 of 2024
Consequently, the writ petition stands dismissed.
Sd/JUDGE
rv
List No.: 1 Sl No.: 5 CT: BHK
1 issue framed by the court
Whether the writ petition challenging the Panchayat's endorsement declining katha registration was maintainable given the availability of an appeal under Section 269 of the Karnataka Gram Swaraj and P
2 provisions across 2 enactments
SRI. SHIVANANDA K.M
PANCHAYAT DEVELOPMENT OFFICER, BANAVADI GRAMA PANCHAYAT
SECRETARY, BANAVADI GRAMA PANCHAYAT
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
