Case Note & Summary
The petitioner, Sri Malledevirappa, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the resolution dated 27.6.2012 passed by the 3rd respondent, Village Panchayath, Lakya Village, and the approval dated 16.8.2012 by the 2nd respondent, Taluk Panchayath, Chikmagalur. The petitioner claimed to be the absolute owner in possession of properties bearing Sy.No.20/2 and Sy.No.20/3 of Kyathanabeedu village, Lakya Hobli, Chikmagalur Taluk. He had filed a suit O.S.No.144/2012 before the Civil Judge, Chikmagalur, for permanent injunction restraining respondent Nos.1, 2, 3, and the Zilla Panchayath from interfering with his properties. The petitioner contended that the impugned resolution was passed without issuing any notice to him and without considering his objections, thereby violating the principles of natural justice. The respondents, including the State of Karnataka, Taluk Panchayath, Village Panchayath, and Sree Someshwara Jeernodhara Samithi Trust, were represented by counsel. The court, after hearing the parties, found that the resolution was indeed passed without notice to the petitioner and without considering his objections. The court held that the resolution and the subsequent approval were in violation of the principles of natural justice and the provisions of the Karnataka Panchayat Raj Act, 1993. Consequently, the court allowed the writ petition, quashing the resolution dated 27.6.2012 and the approval dated 16.8.2012. The court also directed the respondents to issue notice to the petitioner and consider his objections before taking any further action.
Headnote
A) Constitutional Law - Writ of Certiorari - Quashing of Resolution - Violation of Natural Justice - The petitioner challenged the resolution dated 27.6.2012 passed by the Village Panchayath and the approval dated 16.8.2012 by the Taluk Panchayath on the ground that no notice was given to him before passing the resolution. The court held that the resolution was passed without notice to the petitioner and without considering his objections, thereby violating principles of natural justice. The resolution and approval were quashed. (Paras 1-5) B) Panchayat Raj - Resolution - Notice Requirement - Sections 268, 269 Karnataka Panchayat Raj Act, 1993 - The court observed that the Village Panchayath passed the resolution without issuing notice to the petitioner, who was the owner of the property in question. The court held that the resolution was in violation of the principles of natural justice and the statutory provisions of the Karnataka Panchayat Raj Act, 1993. The resolution and approval were set aside. (Paras 2-5)
Issue of Consideration
Whether the resolution passed by the Village Panchayath and the approval by the Taluk Panchayath are liable to be quashed for violation of principles of natural justice and non-compliance with statutory provisions?
Final Decision
The writ petition is allowed. The resolution dated 27.6.2012 passed by the 3rd respondent and the approval dated 16.8.2012 by the 2nd respondent are quashed. The respondents are directed to issue notice to the petitioner and consider his objections before taking any further action.
Law Points
- Natural Justice
- Right to be Heard
- Notice Requirement
- Quashing of Resolution
- Writ of Certiorari
- Karnataka Panchayat Raj Act
- 1993
