Gram Panchayat Hirehattiholi Vs Shri. Shrenik S/O… — Writ and Judicial Review | Karnataka HC (2025)

Gram Panchayat Hirehattiholi Vs Shri. Shrenik S/O… — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC-D:2201 WP No. 100622 of 2025

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4^TH DAY OF FEBRUARY, 2025 BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100622 OF 2025 (GM-CPC)

BETWEEN:

GRAM PANCHAYAT HIREHATTIHOLI, TAL: KHANAPUR, DIST: BELAGAVI, REPRESENTED BY IT’S PANCHAYAT DEVELOPMENT OFFICER.

…PETITIONER

(BY SRI. VITTHAL S. TELI, ADVOCATE)

AND:

SHRI. SHRENIK S/O. GUNDAPPA JINAGOND, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. HIREHATTIHOLI, TALUKA: KHANAPUR, DIST: BELAGAVI.

SHRI DHARMARAJ @ DHARMU S/O. GUNDAPPA JINAGOND, AGE: 68 YEARS, OCC: AGRICULTURE, R/O. HIREHATTIHOLI,

ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

TALUKA: KHANAPUR, DIST: BELAGAVI.

SHRI SAVANT S/O. GUNDAPPA JINAGOND, AGE: 71 YEARS, OCC: AGRICULTURE, R/O. HIREHATTIHOLI, TALUKA: KHANAPUR, DIST: BELAGAVI. PRESENTLY R/AT NAVANAGAR, DHARWAD, REPRESENTED BY HIS SPL. A.H. SHRI SHRENIK S/O. GUNDAPPA JINAGOND, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. HIREHATTIHOLI, TALUKA: KHANAPUR, DIST: BELAGAVI.

…RESPONDENTS

(BY SRI. SUJEET S. HIREMATH, ADVOCATE FOR R1-R3)

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NC: 2025:KHC-D:2201 WP No. 100622 of 2025

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE JUDGMENT DATED 19.12.2024 IN M.A.NO.08/2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC-KHANAPUR VIDE ANNEXURE-H AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

The petitioner is before this Court seeking for the following reliefs:

I. Issue a writ of certiorari or any other writ quashing the judgment dated 19.12.2024 in M.A. No.08/2024 passed by the Senior Civil Judge and JMFC-Khanapur vide Annexure-H.

II. Issue any other Writ or direction as this Honorable Court deems fit to meet the ends of justice and equity.

Respondents have filed a suit in O.S.No.385/2023 seeking for injunction restraining the petitioner-Gram Panchayat from removing the houses and sheds of the respondent-plaintiffs located in suit properties illegally. The application I.A.No.1 was filed seeking for an interim injunction restraining the defendants from illegally removing buildings and sheds and forming road in suit property in O.S.No.385/2023,

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which came to be dismissed by the trial Court. Against which an appeal having been filed in M.A.No.8/2024, the Senior Civil Judge and JMFC, Khanapur vide its order dated 19.12.2024 restrained the petitioner-Gram Panchayat from illegally removing the buildings and sheds and forming a part of the road. It is challenging the same, the petitioner is before this Court.

Sri Vittal S.Teli, learned counsel for the petitioner submits that there is an illegal encroachment made by the plaintiff as regards the road belonging to the Gram Panchayat. The injunction order operates oppressively against the Gram Panchayat and comes in the way of discharge of the duties of the Gram Panchayat.

Though at first blush, the submission made by learned counsel Sri Vittal S. Teli, appears to be required to be accepted. Having perused the impugned order passed by the 1^st Appellate Court. It

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is seen that what is restrained is the action of illegal removal of buildings, the same would not come in the way of Gram Panchayat taking legal action in terms of the applicable statute. Hence, the submission of Sri Vittal S. Teli is that the said injunction order operates against the Gram Panchayat is not sustainable. The Gram Panchayat could always take action under the applicable law. With the above observations, the petition stands disposed off.

Sd/(SURAJ GOVINDARAJ) JUDGE

CKK CT-MCK

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