KUMAR MAHARAJORU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are residents of Neelanagar village, Bagalkot District and belong to Lambani community which is a notified Tribe. Sometime in 2015-16, Neelanagar village was declared as a Gram Panchayat. The State Government issued a Preliminary Notification dtd. 5/11/2020 in exercise of powers under Sec. 349, 351, 355 and 355B of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the 'Act' for short) for declaring the Gram Panchayat area of Shiruru including Neelanagar and Gundanapalle villages of Bagalkot District as transitional area of Shiruru and objections / suggestions were invited.

(2.) The petitioners thereupon submitted a representation to the Deputy Commissioner, in which, it is inter alia stated that only people belonging to the Tribe namely Lambani reside in the village and they form backward class of the society. It was also pointed out that village is in a hilly area and has a population of 3444 only. Thereafter, a notification dtd. 22/1/2021 was issued including Gram Panchayat area of Shiruru including Neelanagar and Gundanapalle villages of Bagalkot District as transitional area of Shiruru. The aforesaid Notification has been assailed by the petitioners in this public interest litigation.

(3.) Learned counsel for the petitioners submitted that majority of the villagers in Neelanagar village are engaged in agricultural operations. It is further submitted that, if the villages of Neelanagar and Gundanapalle are included in transitional area of Shiruru, the public in general will suffer inconvenience. On the other hand, learned Additional Government Advocate has submitted that the Notification dtd. 22/1/2021 has been issued after considering the objections preferred by the petitioners and in accordance with the procedure prescribed under Sec. 349 of the Act.