KASHINATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal is filed against the order dated 09.03.2018 made in W.P.No.202411/2017 on the file of the learned Single Judge of this Court allowing the writ petition by setting aside the order passed by the 2nd respondent-Regional Commissioner and declaring Ujani village as headquarter of the grama panchayat consisting of Ujani, Medpalli, Gandhinagar and Gudapalli villages. The present respondent Nos.4 to 6 filed writ petition in W.P.No.202411/2017 for a writ of certiorari to quash the order dated 24.04.2017 passed by the 2nd respondent-Regional Commissioner, Kalaburagi made in No. 246/2014-15 (vide Annexure-J to the writ petition).

(2.) It is the case of the petitioners before the learned Single Judge that the petitioners are permanent residents of Ujani village, Aurad taluk of Bidar district. The State Government under notification dated 09.01.2015 has given approval for formation of 439 grama panchayats within the State of Karnataka. The Deputy Commissioner, Bidar district on 19.01.2015 has published a draft notification showing Ujani as newly constituted grama panchayat with Ujani as the headquarter for the group of four villages namely, Ujani, Medapalli, Sunkanalli and Gudapalli coming within the jurisdiction of newly constituted grama panchayat of Ujani village. Ujani village has got the facilities and amenities which makes it more convenient, feasible, practicable and eligible for being declared as the headquarter of the newly constituted grama panchayat. It is further contended that after the draft notification, certain objections were received by one Nagashetty and others of Gudapalli village to make Gudapalli village as headquarter instead of Ujani. So also one Shivaji and others of Gandhinagar village sought to include their village in the proposed new grama panchayat with Ujani as headquarter by removing the said village from Chikalli(J) grama panchayat. So also one Arifa Begum President of grama panchayat Chikkali(J) sought to remove Gandhinagar from that panchayat and to include Sunkanalli village in Chikkali (J) grama panchayat.

(3.) It is further contented that a committee headed by Tahsildar and CEO taluk panchayat, as secretary and other members considered the said objections and gave their opinion to retain Ujani as headquarter of grama panchayat and to include Ghandhinagar in the proposed Ujani grama panchayat by removing the same from Chikkali (J) grama panchayat and also to delete Sunkanal village from the proposed Ujani grama panchayat. The Deputy Commissioner after considering the said report, issued final notification dated 04.02.2015 retaining Ujani as headquarter of grama panchayat and included Gandhinagar village in the said grama panchayat and has removed the Sunkanalli village from the said Grama Panchayat and included the same in Chikkali(J) grama panchayat.