Disposed¶63

Sri. Pakirappa Bettagiri v. State of Karnataka

Karnataka HC3 Jul 2026WP/32844/2017

Case brief

AI extract

What is this about?

Davanagere community-hall management committee dispute; Government Order 28.09.2011; official memorandum 24.05.2017 nominating Sri Niranjan Babu and memorandum 03.10.2017 substituting Sri Pakirappa Bettagiri; cross-writs WP 32844/2017 and WP 28026/2018 under Article 226/Articles 226-227; committee reconstitution directed within 90 days, representations to be considered if eligible, incumbent Committee to continue meanwhile; petitions disposed of; Justice M.G.S. Kamal; KHC 2026.

What did the court decide?

Both writ petitions disposed of by directing the respondent-Deputy Commissioner to reconstitute the committee, to consider the petitioners' representations if they are found eligible, to complete the exercise within 90 days of receipt of the certified copy of the order, with the currently functioning Committee continuing in the interim.

Sri. Pakirappa Bettagiri Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶63

Issue for consideration

Whether the order dated 24.05.2017 (Annexure-A) passed by respondent No.2 (Deputy Commissioner, Davanagere) and the communication dated 25.05.2017 (Annexure-B) issued by respondent No.4, challenged in W.P. No. 32844/2017, ought to be quashed. +2 more

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Ratio / Principle

Considering the pendency of these matters over eight years, the passage of time, and the absence of any terms providing for the tenure of the Committee, the Court deemed it appropriate that the committee be reconstituted.

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Key takeaways

Directed the respondent-Deputy Commissioner to reconstitute the committee and, if the petitioners are found eligible, to consider their representations.ratio¶61
The reconstitution shall be done by the respondent-Deputy Commissioner within an outer limit of 90 days from the date of receipt of the certified copy of the order.ratio¶62
Until reconstitution, the Committee which is currently functioning shall continue.

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Hon'ble Mr. Justice M.G.S. Kamal), order dated 3 July 2026, disposing of connected writ petitions WP No. 28026/2018 (GM-RES, by Sri Niranjan Babu) and WP No. 32844/2017 (GM-RES, by Sri Pakirappa Bettagiri/Betageri) concerning nomination of members to the committee envisaged by Government Order dated 28.09.2011 for management, administration and maintenance of Dr. B.R. Ambedkar Community Hall, Dr. Babu Jagjivan Ram Community Hall and Shri Maharshi Valmiki Bhavana at village/taluka/semi-urban areas. An official memorandum dated 24.05.2017 of the Deputy Commissioner, Davanagere, constituted the Committee nominating Sri Niranjan Babu (challenged by Sri Pakirappa Bettagiri in WP 32844/2017 under Articles 226 and 227); a further official memorandum dated 03.10.2017, issued without consulting the nominated members, deleted Niranjan Babu and inserted Pakirappa Bettagiri (challenged by Niranjan Babu in WP 28026/2018 under Article 226). Noting pendency of about eight years, passage of time and absence of tenure provisions, the Court directed the Deputy Commissioner to reconstitute the committee, to consider the petitioners' representations if found eligible, within 90 days of receipt of the certified copy, the existing Committee continuing meanwhile; petitions disposed of.

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NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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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 3^RD DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 28026 OF 2018 (GM-RES)

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C/W

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WRIT PETITION NO. 32844 OF 2017 (GM-RES)

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IN WP No. 28026/2018

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BETWEEN:

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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SRI. NIRANJAN BABU AGED ABOUT 53 YEARS S/O LATE HARISHCHANDRA T G SECRETARY, DAVANAGERE JILLA SRI SHIVA SHARANA SAMAGAR HARALAYYA HORATA SAMITI SC® R/AT NO.568, 3^RD MAIN, 14^TH CROSS,K.T.J.NAGARA, DAVANAGERE-577 002.

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…PETITIONER

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(BY SRI. S D N PRASAD.,ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, ZILLADALITHA BHAVANA, DAVANAGERE-577 006.

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THE COMMISSIONER MAHANAGAR PALIKE, DAVANAGERE CITY, DAVANAGERE-577 002.

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NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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HC-KAR

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THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT, DAVANAGERE DISTRICT DISTRICT BHAVAN, INDUSTRIAL AREA, DAVANAGERE-577 006.

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SRI RAMESH J VATAN AGED ABOUT 43 YEARS S/O JAYANNA ASST.SECRETARY, DAVANAGERE JILLA SRI SHIVA SHARANA SAMAGAR HARALAYYA HORATA SAMITI® R/AT NO.1306, 2^ND MAIN 7TH CROSS, K.T.J.NAGARA DAVANAGERE-577 002.

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SRI DHARMARAJA AGED ABOUT 50 YEARS S/O SADAPPA SATHPUTHE MEMBER, SRI SAMAGARA SAMAJA SEVA SAMITI® R/AT MAHATMA BASAVA BUDDHA BHEEMA NAGARA, LOKKIKERI ROAD, DAVANAGERE-577 005.

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SRI PAKIRAPPA BETAGERI AGED ABOUT 64 YEARS PRESIDENT, SAMAGAR HARALAYYA CHARMODYOGA SWA-SAHAYA SANGHA® S/O NINGAPPA BETAGERI DOOR NO.984/1, 1^ST MAIN, 2^ND CROSS, K.T.J.NAGARA DAVANAGERE-577 002.

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…RESPONDENTS (BY SRI. SRINIVAS KUMAR M., HCGP FOR R1-R3; V/O DATED 17.07.2018, SERVICE OF NOTICE TO R4 & R5 IS DISPENSED WITH; SRI. HARISH BHANDARY T., ADVOCATE FOR R6)

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NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM DATED 03.10.2017 PASSED BY THE RESPONDENT NO.1 HEREIN, VIDE ANNEXUREC HEREIN.

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IN WP NO. 32844/2017

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BETWEEN:

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SRI. PAKIRAPPA BETTAGIRI S/O NINGAPPA BETTAGIRI PRESIDENT DAVANAGERE NAGARA SAMAGARA HARALAYYA CHARMODHYOGA SWASAHAYA SANGHA AGED ABOUT 63 YEARS DOOR NO.984/1 1^ST MAIN, 2^ND CROSS K T J NAGARA DAVANAGERE-577 002.

...PETITIONER

(BY SRI. .,ADVOCATE)

AND:

STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO SOCIAL WELFARE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001.

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THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE - 577 002.

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THE TAHSILDAR DAVANAGERE DISTRICT DAVANAGERE 577 002.

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THE DEPUTY DIRECTOR

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4 - NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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HC-KAR

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SOCIAL WELFARE DEPARTMENT DAVANAGERE - 577 002.

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SRI RAMESH J VATHAN S/O JAYANNA AGED ABOUT 42 YEARS R/A #1306, 2^ND MAIN 7TH CROSS, K T J NAGRA DAVANAGERE - 577 002.

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SRI NIRANJAN BABU T H S/O LATE HARISCHANDRA TALAGAVI AGED ABOUT 40 YEARS R/A #568, 3^RD MAIN 14TH CROSS, K T J NAGARA DAVANAGERE- 577 002.

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SRI DHARMARAJA S/O SADAPA SADHAPUTHE AGED ABOUT 35 YEARS R/A MAHATMA BUDDHA BHEEMA BASAVANAGARA LOKIKERI ROAD DAVANAGERE - 577 002.

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...RESPONDENTS

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(BY SRI. SRINIVAS KUMAR M., HCGP FOR R1 TO R4; SRI. N. RAMACHANDRA.,ADVOCATE FOR R1 TO R7)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER ANNEXUER-A I24.5.2017 BY THE R-2 AND THE COMMUNICATION ANNEXURE-B AND I25.5.2017 ISSUED BY THE R-4

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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5 - NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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HC-KAR

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ORAL ORDER

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Petitioners in these two writ petitions claims to have been nominated as members to the Committee, as required in terms of Government Order 28.09.2011, which envisages constitution of committee for the purpose of management, administration and maintenance of Community Centers known and called as ''Dr. B.R. Ambedkar Community Hall'', ''Dr. Babu Jagjivan Ram Community Hall'', and ''Shri Maharshi Valmiki Bhavana'' at the Villages, Taluka and Semi-urban areas.

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2. The common grievance of the petitioners in these petitions is that in terms of official memorandum dated 24.05.2017, the Deputy Commissioner, Davanagere District had constituted a Committee by nominating Sri. Niranjan Babu as its members. Being aggrieved by this, Pakirappa Bettagiri, filed writ petition in W.P.No.32844/2017.

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3. Subsequently, by another official memorandum dated 03.10.2017, respondent-Deputy Commissioner without consulting the nominated members of the Committee as contemplated vide Government notification dated 28.09.2011 as per Annexure-A, deleted the name of aforesaid Sri. Niranjan

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6 - NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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HC-KAR

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Babu and inserted the name of Sri. Pakirappa Bettagiri, the petitioner in W.P.No.32844/2017. This led to filing of writ petition in W.P.No.28026/2018 by Sri. Niranjan Babu.

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3. Considering the pendency of these matters over 8 years and passage of time and in the light of there being no terms providing for the tenure of the Committee, this Court deems it appropriate to direct the respondent-Deputy Commissioner to reconstitute the committee and if petitioners herein found eligible, consider their representation.

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4. Respondent-Deputy Commissioner shall do the needful within an outer limit of 90 days from the date of receipt of certified copy of this order. Till such time the Committee which is currently functioning shall continue.

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5. Accordingly, petitions are disposed of .

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Sd/(M.G.S. KAMAL) JUDGE

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List No.: 1 Sl No.: 19

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Parties & counsel

AI extract

petitioner
Sri. Niranjan Babu, aged about 53 years, s/o Late Harishchandra T G, Secretary, Davanagere Jilla Sri Shiva Sharana Samagar Haralayya Horata Samiti (SC) [Petitioner, WP No. 28026/2018]¶13
Sri. S D N Prasad
respondent
The Deputy Commissioner, Davanagere District [Respondent No.1, WP No. 28026/2018]¶17
Sri. Srinivas Kumar M.
respondent
The Commissioner, Mahanagar Palike, Davanagere City [Respondent No.2, WP No. 28026/2018]¶18
Sri. Srinivas Kumar M.
respondent
The Deputy Director, Social Welfare Department, Davanagere District [Respondent No.3, WP No. 28026/2018]¶22
Sri. Srinivas Kumar M.
respondent
Sri Ramesh J Vatan, aged about 43 years, s/o Jayanna, Asst. Secretary, Davanagere Jilla Sri Shiva Sharana Samagar Haralayya Horata Samiti [Respondent No.4, WP No. 28026/2018]¶23
respondent
Sri Dharmaraja, aged about 50 years, s/o Sadappa Sathputhe, Member, Sri Samagara Samaja Seva Samiti [Respondent No.5, WP No. 28026/2018]¶24
respondent
Sri Pakirappa Betageri, aged about 64 years, President, Samagar Haralayya Charmodyoga Swa-Sahaya Sangha [Respondent No.6, WP No. 28026/2018]¶25
Sri. Harish Bhandary T.
petitioner
Sri. Pakirappa Bettagiri, s/o Ningappa Bettagiri, President, Davanagere Nagara Samagara Haralayya Charmodhyoga Swasahaya Sangha [Petitioner, WP No. 32844/2017]¶33
respondent
State of Karnataka, represented by its Secretary to Social Welfare Department, Vidhana Soudha, Bengaluru [Respondent No.1, WP No. 32844/2017]¶37
Sri. Srinivas Kumar M., Sri. N. Ramachandra
respondent
The Deputy Commissioner, Davanagere District [Respondent No.2, WP No. 32844/2017]¶38
Sri. Srinivas Kumar M., Sri. N. Ramachandra
respondent
The Tahsildar, Davanagere District [Respondent No.3, WP No. 32844/2017]¶39
Sri. Srinivas Kumar M., Sri. N. Ramachandra
respondent
The Deputy Director, Social Welfare Department, Davanagere [Respondent No.4, WP No. 32844/2017]¶40
Sri. Srinivas Kumar M., Sri. N. Ramachandra
respondent
Sri Ramesh J Vathan, s/o Jayanna, aged about 42 years [Respondent No.5, WP No. 32844/2017]¶44
Sri. N. Ramachandra
respondent
Sri Niranjan Babu T H, s/o Late Harischandra Talagavi, aged about 40 years [Respondent No.6, WP No. 32844/2017]¶45
Sri. N. Ramachandra
respondent
Sri Dharmaraja, s/o Sadapa Sadhaputhe, aged about 35 years [Respondent No.7, WP No. 32844/2017]¶46
Sri. N. Ramachandra

Coram

AI extract

M.G.S. Kamalauthor¶51

Sri. Pakirappa Bettagiri v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Pakirappa Bettagiri v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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