A.S.NANDA KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner claiming to be an elected member of Manuganahalli Grama Panchayat is before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the impugned endorsement dtd. 3/2/2015 bearing No.ELS(2) 170/2014-15 (Annexure-F); order dtd. 10/3/2015 (Annexure-H); endorsement dtd. 25/3/2015 bearing No.ELN CR 78 (3)/2014-15 (Annexure-J); and the Notification dtd. 4/2/2015 bearing No.ELN (2) CR 170/2014-15 (Annexure-K) insofar as it relates to Sl.Nos.11 and 12 i.e., K.Beltur and Manuganahalli Grama Panchayat. The petitioner has also sought for a writ of mandamus directing the third respondent to declare Adahalli Village as Grama Panchayat.

(2.) Heard the learned counsel Sri.R.B.Sadashivappa for the petitioner and learned High Court Government Pleader Smt.K.Shobha for respondent Nos.1 to 4 and learned counsel Sri.Vikram H. Bhat appearing for Smt.Vaishali Hegde for respondent No.5. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that the petitioner is an elected member of the Manuganahalli Grama Panchayat and on behalf of the villagers, he is before this Court praying to declare Adahalli village as Grama Panchayat. Learned counsel would submit that the Adahalli village is included in Manuganahalli Grama Panchayat and Manuganahalli Grama Panchayat is at a distance of 10 kilometers from Adahalli village. It is submitted that because of the distance of 10 kilometers and as the villagers of Adahalli have to travel in the forest area, it would be difficult for the Adahalli villagers to attend the head quarters of Manuganahalli Grama Panchayat. It is further submitted that Adahalli village has 300 houses with 2000 population. Adahalli village is surrounded by villages called Kalihundi, Muddanahalli and Sankalli villages which are at a distance of 5 kilometers. Learned counsel would submit that those villages could be joined with Adahalli village and a new Panchayat could be formed for convenience of the villagers of Adahalli and surrounding villages.