High Court of Karnataka, Kalaburagi Bench hears writ appeal challenging Single Judge's order declaring Ujani village as headquarters of newly constituted grama panchayat. Scope of judicial review under Section 4(3) of Karnataka Grama Swaraj and Panchayat Raj Act, 1993 examined regarding determination of grama panchayat headquarters.

Intra court appeal under Section 4 of Karnataka High Court Act against order of Single Judge setting aside Regional Commissioner's order and declaring grama panchayat headquarters.

Appellants seek to set aside Single Judge's order dated 09.03.2018 in W.P.No.202411/2017 and uphold the Regional Commissioner's order declaring Gudapalli as headquarters of the grama panchayat.

Appellants, who were respondents in the writ petition, are residents of Gudapalli village and contend that Gudapalli is more suitable as headquarters based on population and infrastructure, and that the Single Judge exceeded jurisdiction by determining the headquarters.

Deputy Commissioner's final notification dated 04.02.2015 fixed Ujani as headquarters; Regional Commissioner's order dated 10.03.2015 declared Gudapalli as headquarters, which was quashed in W.P.No.202590/2015 on 16.04.2015 and remanded; after remand, Regional Commissioner again declared Gudapalli on 02.05.2015, quashed in W.P.No.19835-837/2015 on 19.01.2016 and remanded; after second remand, Regional Commissioner declared Gudapalli on 24.04.2017; W.P.No.202411/2017 allowed on 09.03.2018 setting aside Regional Commissioner's order and declaring Ujani as headquarters; present appeal filed against that order.

Whether the High Court under Article 226 can determine the headquarters of a grama panchayat under the Karnataka Grama Swaraj and Panchayat Raj Act, 1993, or whether such determination is the exclusive function of the administrative authorities. Whether the learned Single Judge erred in exercising jurisdiction by ignoring material documents and declaring Ujani as headquarters contrary to the findings of the Regional Commissioner.

The learned Single Judge cannot exercise the power of authorities to fix the headquarters; it is for the authorities to decide based on amenities and facilities under the Act. The Single Judge ignored the documents at Annexures R1 to R47 without any reference, rendering the order unsustainable. The Regional Commissioner correctly considered the population, infrastructure, and central location of Gudapalli to declare it as headquarters. The Single Judge's order is erroneous and contrary to the material on record.

the learned Single Judge cannot exercise the power of authorities fixing the headquarter and it is not duty of the Court to fix the headquarter, it is for the authorities based on the amenities, facilities available to decide under the provisions of the Act (Paras 11) the learned Single Judge... there is no reference to any of the documents (Paras 11) respondent Nos.4 and 5 have filed a revision under Section 4(3) of the Karnataka Grama Swaraj and Panchayat Raj Act (Paras 5) the impugned 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 (Paras 1)

On 09.01.2015, State Government approved formation of grama panchayats. On 19.01.2015, Deputy Commissioner published draft notification proposing Ujani as headquarters for Ujani, Medapalli, Sunkanalli, and Gudapalli. On 04.02.2015, Deputy Commissioner issued final notification declaring Ujani as headquarters, including Gandhinagar and deleting Sunkanalli. Certain persons filed a revision under Section 4(3) of the Karnataka Grama Swaraj and Panchayat Raj Act before the Regional Commissioner, who on 10.03.2015 declared Gudapalli as headquarters. W.P.No.202590/2015 was filed, and on 16.04.2015, the High Court quashed the Regional Commissioner's order and remanded for fresh disposal. After remand, the Regional Commissioner again declared Gudapalli as headquarters on 02.05.2015. This order was challenged in W.P.No.19835-837/2015, which was allowed on 19.01.2016, quashing the order and remanding again. Upon second remand, the Regional Commissioner again declared Gudapalli as headquarters on 24.04.2017. Respondents 4 to 6 filed W.P.No.202411/2017 challenging this order. The learned Single Judge, by order dated 09.03.2018, allowed the writ petition, set aside the Regional Commissioner's order, and declared Ujani as headquarters. The present writ appeal is filed by the respondents in the writ petition challenging the Single Judge's order.

• Karnataka Grama Swaraj and Panchayat Raj Act, 1993: 4(3)
• Karnataka High Court Act: 4