Dismissed¶48

Smt Shakuntala v. the State of Karnataka

Karnataka HC17 Apr 2026WA/2106/2025

Case brief

AI extract

What is this about?

Keywords: writ appeal dismissed; intra-court appeal; condemnation without hearing / audi alteram partem; ex-parte appellate order set aside; Grama Panchayath site allotment (30 feet x 20 feet) cancelled; Ta.Pa (Aa) Appeal No.03/2022-23; Executive Officer, Taluk Panchayat, Alur order dated 09.01.2023; writ Court judgment 19.11.2025 in W.P.No.32516/2025; impleadment of petitioner and remand for hearing; decision on merits in accordance with law; Section 4 Karnataka High Court Act 1961; Karnataka Co-operative Societies Act 1959; Hassan district; LB-RES; NC: 2026:KHC:21142-DB.

What did the court decide?

The impugned judgment and order of the writ Court does not suffer from any illegality either on facts or on law, and therefore this Court cannot interfere with it. ¶42

Smt Shakuntala Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:21142-DB WA No. 2106 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF APRIL, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH

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AND

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THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 2106 OF 2025 (LB-RES)

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BETWEEN:

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SMT. SHAKUNTALA, W/O SWAMI GOWDA, AGED ABOUT 62 YEARS, RESIDING AT GANJIGERE POST, KUNDURU HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 128.

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…APPELLANT

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(BY SRI. UDAYA PRAKASH M., ADVOCATE)

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AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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THE STATE OF KARNATAKA, DEPARTMENT OF RURAL DEVELOPMENT AND

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PANCHAYAT RAJ, VIDHANA SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS CHIEF SECRETARY

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TALUK PANCHAYATH, ALUR, HASSAN - 573 128 REPRESENTED BY ITS EXECUTIVE OFFICER

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2 - NC: 2026:KHC:21142-DB WA No. 2106 of 2025

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HC-KAR

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GRAMA PANCHAYATH, GANJIGERE, ALUR TALUK, HASSAN - 573 128. REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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HALU UTPADAKARA MAHILA SAHAKARI SANGA NIYAMITHA, A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, HAVING ITS OFFICE AT: GARIGHATTA VILLAGE, GANJIGERE POST, KUNDURU HOBLI, ALUR TALUK, HASSAN - 573 128. REPRESENTED BY ITS SECRETARY

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.32516/2025 DATED:19.11.2025 AS BEING ILLEGAL, ARBITRARY AND UNSUSTAINABLE IN LAW, CONSEQUENTLY, UPHOLDING AND CONFIRMING THE ORDER DATED:09.01.2023 PASSED BY THE EXECUTIVE OFFICER, TALUK PANCHAYAT, ALURU, IN APPEAL No.3/2022-23, DIRECTING PROTECTION AND MAINTENANCE OF THE RAITHA KANA VIDE ANNEXURE-F AND ETC.

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THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2026:KHC:21142-DB WA No. 2106 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present intra Court appeal has been filed impugning the judgment and order dated 19.11.2025 passed by the writ Court in W.P.No.32516/2025 filed by the respondent No.4.

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The parties are referred to as per their ranking before the writ Court for the sake of convenience.

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The petitioner who was not a party before the Taluk Panchayath in Ta.Pa (Aa) Appeal No.03/2022-23 suffered an order adversely affecting the petitioner's right in respect of site measuring 30 feet x 20 feet which was allotted to him by the Gram Panchayath itself.

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The appellant had filed an appeal against the resolution passed by the Grama Panchayath in Ta. Pa. Appeal No. 03/2022-23, without making the petitioner as

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4 - NC: 2026:KHC:21142-DB WA No. 2106 of 2025

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HC-KAR

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the party and the Appellate Authority vide order dated

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09.01.2023, impugned in the writ petition, allowed the appeal and set aside the resolution passed by the Gram Panchayath in favour of the petitioner for allotment of site measuring 30 feet x 20 feet.

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The learned single judge in view of the aforesaid facts has allowed the writ petition, set aside the ex-parte order passed against the petitioner, whereby the site allotted by the Gram Panchayath got cancelled and directed the Taluk Panchayath, Alur, Hassan to implead the petitioner in the appeal and after hearing the petitioner to take an appropriate decision on merits in accordance with law.

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We are of the considered opinion that the impugned judgment and order does not suffer from any illegality either on facts or on law, and therefore, we cannot interfere with the said order. This order is not affecting the appellant as well. No one can be condemned

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5 - NC: 2026:KHC:21142-DB WA No. 2106 of 2025

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HC-KAR

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without hearing. The petitioner's site allotted to him by the

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Gram Panchayath got cancelled by the order dated 09.01.2023 passed by the Taluk panchayat without hearing him, and therefore, the learned Single Judge has

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remanded the matter back for giving hearing to the petitioner, whose site got cancelled.

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Accordingly, we dismiss the appeal.

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In view of dismissal of the appeal, pending

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applications if any, does not survive for consideration and

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the same stands dismissed.

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Sd/(D K SINGH) JUDGE