JAYARAMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court praying that a mandamus be issued to the respondents 2 to 4 to consider the representation of the petitioner dated 1-12-2007 marked as Annexures-H, J and K to the petition.

(2.) The contention of the petitioner is that the fifth respondent herein is a member of the Madhugiri Taluk Panchayat. The petitioner is a member of the Grama Panchayat. The Grama Panchayat of which the petitioner is a member has constructed a shopping complex and in the meeting of the Grama Panchayat, it was decided to allot the shops by way of auction. The petitioner contends that the fifth respondent though not entitled to participate in the auction and make use of the premises which belong to Panchayat had selected certain persons to bid on his behalf and further rents are also not being paid in respect of the said premises. It is in that regard, the petitioner is said to have submitted the representations as at Annexures-H to K pointing gout this aspect of the matter and also indicating that in view of the said action, the fifth respondent has incurred disqualification as provided under Section 12 of the Karnataka Panchayat Raj Act, 1993 (for short, 'the Act').

(3.) The grievance of the petitioner is that despite lapse of sufficient time, the respondents 2 to 4 have not acted upon the representations. In this regard, the petitioner is before this Court seeking for issue of mandamus.