Case Note & Summary
The appeal arose from a dispute regarding the location of the headquarter of a newly constituted grama panchayat comprising four villages: Ujani, Medpalli, Gandhinagar, and Gudapalli. Initially, the Deputy Commissioner fixed Ujani as headquarter. Aggrieved parties filed a revision before the Regional Commissioner who, after initial remand by the High Court, twice declared Gudapalli as headquarter. The respondents, who were members of the grama panchayat from Ujani, filed a writ petition challenging the Regional Commissioner's decision. A single judge of the High Court allowed the writ, quashed the Regional Commissioner's order, and declared Ujani as headquarter. The appellants, residents of Gudapalli, filed the present intra-court appeal. They contended that the single judge erred by exercising the power of authorities, ignoring material documents showing better infrastructure and population in Gudapalli, and that the Regional Commissioner's decision was based on proper consideration. The appeal was filed under Section 4 of the Karnataka High Court Act and involved interpretation of Section 4(3) of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993. The judgment was delivered by a division bench on 27 February 2019, but the provided text does not include the final decision.
Issue of Consideration
Whether the learned Single Judge exceeded jurisdiction by substituting the Regional Commissioner's factual determination of grama panchayat headquarter with its own, ignoring material documents; whether the headquarter should be decided based on amenities and population or other factors.
Law Points
- Absence of explicit law points
- the court considered the scope of judicial review over administrative decisions on grama panchayat headquarter fixation
- and the relevance of population
- amenities
- and central location.
Case Details
2019 LawText (KAR) (02) 94
Writ Appeal No. 200413/2018 (LB-RES)
B. Veerappa, P.G.M. Patil
Sri A. Nagarajappa for Sri Manure Ashok Kumar (Appellants); Sri K.M. Ghate, AGA (R1-R3); Sri Ameet Kumar Deshpande (R5 & R6)
1. Kashinath S/o Ramanagouda Metri, 2. Maruth Reddy S/o Hemareddy
1. The State of Karnataka, rep. by the Principal Secretary, Dept. of Personal & Administrative Reforms; 2. The Regional Commissioner, Kalaburagi Division; 3. The Deputy Commissioner, Bidar District; 4. Swamidas S/o Eashappa; 5. Ravindra Reddy S/o Vitha Reddy Hegde; 6. Shivaji S/o Ramarao Patil; 7. Dattu Annarao S/o Annarao; 8. Shoba Tukaram W/o Tukaram; 9. Shivaji Gopa S/o Gopa; 10. Rangubai Ramrao W/o Ramarao; 11. Lakshmi Ramesh W/o Ramesh; 12. Rajakumar Maruthi S/o Maruthi; 13. Suresh S/o Bhimarao; 14. Basavaraj S/o Vyjanath; 15. Venkatareddy S/o Sangareddy; 16. Lakshmanrao S/o Ramachandra Rao; 17. Shivaji Chavan S/o Gopu Chavan; 18. Rangabai W/o Ramrao; 19. Shoba W/o Tukaram; 20. Dattu S/o Annarao Patil
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Nature of Litigation
Writ appeal against the order of a Single Judge of the High Court of Karnataka allowing a writ petition and declaring Ujani village as the headquarter of a grama panchayat, setting aside the Regional Commissioner's order that had declared Gudapalli as headquarter.
Remedy Sought
Appellants sought to set aside the Single Judge's order dated 09.03.2018 passed in W.P.No.202411/2017 and to uphold the Regional Commissioner's order declaring Gudapalli as headquarter.
Filing Reason
The Single Judge allowed the writ petition filed by respondents 4 to 6, quashed the Regional Commissioner's order dated 24.04.2017, and declared Ujani as headquarter, thereby prejudicing the appellants who believed Gudapalli was the proper headquarter.
Previous Decisions
The Deputy Commissioner initially fixed Ujani as headquarter. The Regional Commissioner in a revision under Section 4(3) of the Act declared Gudapalli as headquarter, but that order was quashed by the High Court in W.P.No.202590/2015 and remanded. On remand, the Regional Commissioner again declared Gudapalli, which was again quashed in W.P.No.19835-837/2015 and remanded. On second remand, the Regional Commissioner again declared Gudapalli. Then respondents filed WP No. 202411/2017, and the Single Judge allowed it, setting aside the Regional Commissioner's order and declaring Ujani. Hence this appeal.
Issues
Whether the learned Single Judge erred in interfering with the Regional Commissioner's factual determination of the headquarter based on amenities and population, and substituting its own view.
Whether the Single Judge failed to consider the documents produced by the appellants demonstrating the suitability of Gudapalli as headquarter.
Whether a court can exercise the power of administrative authorities to fix the headquarter under the Karnataka Grama Swaraj and Panchayat Raj Act.
Submissions/Arguments
Appellants argued that the Single Judge exceeded jurisdiction by substituting its own decision for that of the Regional Commissioner, who had rightly considered amenities and population in fixing Gudapalli as headquarter.
Appellants contended that the Single Judge ignored material documents (Annexures R1 to R47) issued by competent authorities showing infrastructure, population, and facilities in Gudapalli, making it suitable as headquarter.
Appellants submitted that the decision on headquarter should be based on amenities, convenience, and population, and that Gudapalli had more population, a bus stand, library, school, community halls, dairy, and shops, and was centrally located relative to all villages.
Judgment Excerpts
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. (Para 1)
The learned Single Judge considering the entire material on record and also considering the memo dated 07.03.2018, filed by the State Government along with documents, by the impugned order dated 09.03.2018, allowed the writ petition and declared Ujani village as headquarter of grama panchayat and quashed the order passed by the Regional Commissioner dated 24.04.2017. (Para 9)
He would further contend that 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 and Court cannot exercise the power of the authorities. (Para 11)
Procedural History
1. Deputy Commissioner published draft notification on 19.01.2015 showing Ujani as headquarter of the grama panchayat. 2. After considering objections, final notification dated 04.02.2015 retained Ujani as headquarter. 3. Respondents 4 and 5 filed revision under Section 4(3) before Regional Commissioner, who by order dated 10.03.2015 declared Gudapalli as headquarter. 4. In W.P.No.202590/2015, High Court quashed that order on 16.04.2015 and remanded for fresh disposal. 5. On remand, Regional Commissioner by order dated 02.05.2015 again declared Gudapalli as headquarter. 6. In W.P.No.19835-837/2015 and connected matters, High Court by order dated 19.01.2016 quashed that order and remanded again. 7. On second remand, Regional Commissioner by order dated 24.04.2017 again declared Gudapalli as headquarter. 8. Respondents 4 to 6 filed W.P.No.202411/2017, which was allowed by Single Judge order dated 09.03.2018, quashing the Regional Commissioner's order and declaring Ujani as headquarter. 9. Appellants filed present writ appeal under Section 4 of Karnataka High Court Act, heard on 27.02.2019.
Acts & Sections
- Karnataka High Court Act, 1961: 4
- Karnataka Grama Swaraj and Panchayat Raj Act, 1993: 4(3)
