Renavva W/O Lakshman Madar v. Kadampur Gram Panchayat

Karnataka HC28 Jan 2026WP/104065/2022

Case brief

AI extract

What is this about?

Natural justice - cancellation of house-site allotments under Mukhyamanthrigala Grameena Niveshana Yojane (MGN Yojane) without notice or hearing - Gram Panchayat Resolution No.02/2022-23 dated 24.06.2022 quashed insofar as petitioners concerned - beneficiaries already selected in Grama Sabha 23.01.2020, approved by Rajiv Gandhi Housing Corporation 26.02.2021 and 07.01.2022, Hakkupatras issued and possession delivered - Articles 226 and 227, Constitution of India - certiorari - High Court of Karnataka, Dharwad - K.S. Hemalekha, J. - WP No. 104065 of 2022 (LB-RES), decided 28.01.2026 - no precedent relied upon; no costs or damages awarded.

What did the court decide?

Writ petition allowed; impugned Resolution No.02/2022-23 dated 24.06.2022 passed by respondent No.1 (Annexure-F) quashed insofar as it relates to the petitioners. ¶¶61

Renavva W/O Lakshman Madar Vs Kadampur Gram… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed; impugned Resolution No.02/2022-23 dated 24.06.2022 passed by respondent No.1 (Annexure-F) quashed insofar as it relates to the petitioners.

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Issue for consideration

Whether Resolution No.02/2022-23 dated 24.06.2022, cancelling the allotment of sites made in favour of the petitioners without issuing notice or affording them an opportunity of hearing, is sustainable in law.

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Court's answer

The allotment of sites had already been made by following due process of law when respondent No.1 unilaterally passed Resolution No.02/2022-23 on 24.06.2022 cancelling it.

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Ratio / Principle

Cancellation of the allotment without issuing notice to the petitioners and without affording them an opportunity of hearing is in clear violation of the principles of natural justice and such action warrants interference by this Court.

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Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad (K.S. Hemalekha, J.), 28.01.2026, Writ Petition No. 104065 of 2022 (LB-RES) under Articles 226 and 227 of the Constitution of India. Petitioners, Scheduled Caste agricultural coolies holding Below Poverty Line cards, were selected as beneficiaries under the Mukhyamanthrigala Grameena Niveshana Yojane (MGN Yojane) at a Grama Sabha convened by respondent No.1-Gram Panchayat on 23.01.2020; the list was forwarded through the Deputy Commissioner, Bagalkot, and approved by the Rajiv Gandhi Housing Corporation Ltd. on 26.02.2021 and 07.01.2022, whereupon Niveshana Hakkupatra (titled deeds) were issued and possession handed over. On complaints by certain villagers, respondent No.2 directed respondent No.1 to convene a meeting on 24.06.2022, resulting in Resolution No.02/2022-23 cancelling the site allotments made in favour of the petitioners and 40 other persons and providing for fresh allotment. Held: the allotments had been made by following due process of law, and their unilateral cancellation without notice to the petitioners or an opportunity of hearing violated the principles of natural justice and warranted interference. Writ petition allowed; Resolution No.02/2022-23 dated 24.06.2022 quashed insofar as it relates to the petitioners. Respondents 1 and 2, though served, remained absent; respondent No.3 was represented by Smt. Suman Baliga, Advocate.

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1 - NC: 2026:KHC-D:1039 WP No. 104065 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28^TH DAY OF JANUARY 2026 BEFORE

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THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 104065 OF 2022 (LB-RES)

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BETWEEN:

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RENAVVA W/O. LAKSHMAN MADAR AGE: 30 YEARS, OCC: COOLIE, R/O. KADAMAPUR, TQ: BAGALAKOTE, DIST: BAGALKOTE-587101.

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KANAKAVVA W/O. NAGAPPA MADAR AGE: 40 YEARS, OCC: COOLIE, R/O. KADAMAPUR, TQ: BAGALAKOTE, DIST: BAGALAKOTE-587101.

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NIJAVVA W/O. RANGAPPA MADAR AGE: 48 YEARS, OCC: COOLIE, R/O. KADAMAPUR, TQ: BAGALAKOTE, DIST: BAGALAKOTE-587101.

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MANJANNA E

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Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.04 10:27:59 +0530

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ERAVVA W/O. SHIVANAPPA KADAMAPUR AGE: 39 YEARS, OCC: COOLIE, R/O. KADAMAPUR, TQ: BAGALAKOTE, DIST: BAGALAKOTE-587101.

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KASTUREVVA W/O. SHRISHAIL MANKANI AGE: 48 YEARS, OCC: COOLIE, R/O. KADAMAPUR, TQ: BAGALAKOTE, DIST: BAGALAKOTE-587101.

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…PETITIONERS

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(BY SMT. PALLAVI S.PACHHAPURE, ADVOCATE)

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AND:

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KADAMPUR GRAM PANCHAYAT REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER,

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NC: 2026:KHC-D:1039 WP No. 104065 of 2022

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HC-KAR

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GRAM PANCHAYAT KADAMPUR, TQ. AND DIST: BAGALAKOTE-587101.

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THE PRESIDENT

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KADAMAPUR GRAM PANCHAYAT, REPRESENTED BY SMT. PADIYAVVA TALAWAR, GRAM PANCHAYAT KADAMPUR, TQ: AND DIST: BAGALAKOTE-587101.

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THE RAJIV GANDHI HOUSING CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, #CAUVERY BHAVAN, 9^TH FLOOR, E AND F BLOCK, K.G.ROAD, BANGALORE-560009.

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…RESPONDENTS

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(BY SMT. SUMAN BALIGA, ADVOCATE FOR R3; NOTICE TO R1 AND R2 IS SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED RESOLUTION NO. 02/2022-23 DATED 24.06.2022 PASSED BY THE RESPONDENT NO. 1 VIDE ANNEXURE-F IN SO FAR PETITIONERS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

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3 - NC: 2026:KHC-D:1039 WP No. 104065 of 2022

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HC-KAR

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ORAL ORDER

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The petitioners have called in question the impugned Resolution No.02/2022-23 dated 24.06.2022 passed by the respondent No.1 (Annexure-F), whereby, respondent No.1 resolved to cancel the allotment of sites made in favour of the petitioners and 40 other persons, and further resolved to take steps for fresh allotment by convening another Grama Sabha for identification of beneficiary under the scheme and preparation of an additional list.

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Brief facts:

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The petitioners are agricultural coolies belonging to the Schedule Caste category and are holders of Below Poverty Line Card. They were eligible for allotment of sites for construction of residential houses in their village. The State of Karnataka introduced a scheme known as Mukhyamanthrigala Grameena Niveshana Yojane ( “MGN Yojane” for short), which was implemented by respondent No.1 to provide house sites to eligible persons. Accordingly,

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NC: 2026:KHC-D:1039 WP No. 104065 of 2022

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HC-KAR

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an extent of 1 acre 20 guntas was reserved in Kadampur Village and 20 guntas was reserved in Salagundi Village, Bagalkot Taluk, falling within the jurisdiction of respondent No.1-Grama Panchayath.

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Respondent No.1 convened a Grama Sabha meeting 23.01.2020 for selection of beneficiaries under the MGN Yojane. The petitioners and other eligible persons participated in the said meeting. After due discussion and verification of the eligibility, the petitioners along with 40 other persons were identified and selected as the beneficiaries. The list so prepared was forwarded to the Deputy Commissioner, Bagalkot, who after verification forwarded to the same to Managing Director, Rajiv Gandhi Housing Corporation Limited (“the Corporation” for short), for final approval.

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The Corporation accorded approval on 26.02.2021 and again on 07.01.2022. Accordingly, the sites were allotted to the petitioners and others under the MGN

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NC: 2026:KHC-D:1039 WP No. 104065 of 2022

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HC-KAR

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Yojane and Niveshana Hakkupatra (titled deeds) were issued and possession was also handed over, as evidenced by Annexure-E series.

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While the matter stood thus, based on complaint made by certain villagers, respondent No.2 directed respondent No.1 to convene a Grama Panchayath meeting on 24.06.2022. In the said meeting, respondent No.1 reported to respondent No.2 that the allotment of sites made in favour of the petitioners and other beneficiaries are liable to be cancelled and further recommended that fresh Grama Sabha meeting being convened for identification of beneficiaries. Consequently, Resolution No.02/2022-23, dated 24.06.2022 came to be passed. Aggrieved by the same, the petitioners are before this Court.

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Learned counsel for the petitioners submits that the allotment of sites in favour of the petitioners under the MGN Yojane was made after due verification of eligibility and in strict compliance with the procedure prescribed

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NC: 2026:KHC-D:1039 WP No. 104065 of 2022

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HC-KAR

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under law. The Deputy Commissioner verified the list and forwarded the same to the Corporation, which granted final approval, pursuant to which Hakkupratra were issued in favour of the petitioners. It is further contended that respondent No.1 has unilaterally cancelled the allotment of sites without issuing notice to the petitioners or affording them an opportunity of hearing thereby, violating the principles of natural justice.

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Though respondent Nos.1 and 2 have been

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served with the notice, they have chosen to remain absent.

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This Court has carefully considered the

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submissions made and perused the material on record.

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Undisputedly from the material on record, it is evident that the petitioners were found eligible, and a resolution was passed in Gram Panchayath meeting dated 23.01.2020. Pursuant thereto, the Corporation-respondent No.3 granted final approval and Hakkupatras were issued in favour of the petitioners under the MGN Yojane.

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7 - NC: 2026:KHC-D:1039 WP No. 104065 of 2022

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HC-KAR

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Respondent No.1 has thereafter, unilaterally passed a Resolution No.02/2022-23 on 24.06.2022, cancelling the allotment of sites, which had already been made by following due process of law. The said action has been taken without issuing notice to the petitioners and without affording them opportunity of hearing which is in clear violation of principles of natural justice. Such action warrants interference by this Court. Accordingly, this Court pass the following:

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ORDER

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i. The writ petition is allowed .

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ii. The impugned Resolution No.02/2022-23 dated 24.06.2022 passed by respondent No.1 (Annexure-F), insofar as it relates to the petitioners are concerned is hereby quashed.

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Sd/JUSTICE K.S.HEMALEKHA

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EM Ct:VH List No.: 1 Sl No.: 44

Renavva W/O Lakshman Madar v. Kadampur Gram Panchayat

Case brief

What is this about?

What did the court decide?

Renavva W/O Lakshman Madar v. Kadampur Gram Panchayat

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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