Shri Pundalikappa v. the Government of Karnataka
Karnataka Grama Swaraj and Panchayat Raj Act, 1993 – Section 72 read with Sections 2(15), 4 and 5
Case brief
What is this about?
NC: 2025:KHC-D:15430; HC-KAR (Dharwad); WP No. 102937 of 2017 (LB-RES); decided 12.11.2025 by Hon'ble Mr Justice Anant Ramanath Hegde (oral order, sole judge). Petitioner Pundalikappa Chavan, agriculturist of Yendigeri (Badami taluk, Bagalkot), sought a writ of certiorari under Articles 226 and 227 against the order dated 03.03.2017 in No.TaPB/GraP/Asti/Enquiry/01/2016-17 (Annexure-J) passed by respondent No.3 (Executive Officer/Chief Executive Officer, Taluka Panchayat, Badami), who had investigated a complaint that his land was Panchayat property. Core holding: under Section 72 of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993, read with Sections 2(15), 4 and 5, only the Gram Panchayat as an elected body can act against encroachment on Panchayat property; Taluka Panchayat officers act without jurisdiction. Result: writ petition allowed in part, impugned order set aside, complaint referred back to the Gram Panchayat to decide afresh after hearing the petitioner and respondents 5 and 6; merits left open. No precedent cases cited; no quantum involved.