SHIVANANDA GOPAL PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed as a public interest litigation. The petitioners are the residents of Chikkodi Taluk, Belagavi District. It is stated in the petition that way back in the year 2014, the villagers of Vijayanagar, Snehanagar and Pogayatnatti Villages had made a joint representation to the Deputy Commissioner requesting to establish an independent Vijayanagar Gram Panchayat by separating it from Jaganur Gram Panchayat and had stated that the requisite criteria for its formation is met. It is further stated in the petition that in the year 2021, the petitioners, along with the villagers, have again submitted a representation to the Deputy Commissioner in this regard, but their request has remained in cold storage. It is also stated that this Court has issued mandamus in similar writ petitions which were filed for establishment of independent Gram Panchayats in terms of the provisions of the Karnataka Panchayat Raj Act, 1993 and therefore, the petitioners have a good case in their favour.

(2.) In response to the notice issued by this Court, the State Government has filed the status report dtd. 19/11/2021. It is stated in paragraph 1 of the status report that the representations of the petitioners have already been considered in terms of Sec. 5 of the Land Revenue Act, 1964 read with Rule 3 of the Land Revenue Rules, 1966. Rule 3 provides for alterations of the limits of any village and constitution of a new village under Sec. 5, after taking into consideration the population of the village, the area of the village, the demand under the land revenue and other heads of accounts, and the administrative convenience (emphasis supplied by us). In paragraph 2, it is stated that after taking into consideration the aforesaid parameters, the Deputy Commissioner has disposed of the representation and communicated the same to the Chairman, Gram Panchayat, Jaganur that only after 2021 census, the respondents -State would be in a position to consider the representations of the villagers. A copy of the communication dtd. 27/7/2021 is annexed to the status report as Annexure-R.1. It is stated in paragraph 3 that by Government Order No.RD 18 LRD 2019 dtd. 27/12/2019, the State Government has taken a policy decision to defer all the proposals in relation to change of boundaries of existing Taluks, Municipalities, Villages etc., for forming new units until completion of 2021 census operations in Karnataka. This decision of the State Government has been taken pursuant to the communication sent by the Registrar General, Census Commissioner, India and Ministry of Home Affairs, Government of India in connection with conduct of 2021 census, with a view to avoid omission or duplication of census data and for effective conduct of the census. A copy of the said Government Order is also annexed to the status report as Annexure-R.2.

(3.) The learned Additional Government Advocate submits that due to unforeseen circumstance that is, the outbreak of Covid-19 pandemic, the State Government was not in a position to initiate the exercise of conducting census in the years 2021 and 2022. He further submits that as the priority was to deal with the pandemic, there has been delay in conducting the census. He also submits that now the State Government will take steps for conducting the census and on receipt of the census report, further steps would be taken.