Karnataka High Court
Mallahar Dixit S/O Appa Dixit @ Inamdar vs Smt.Mathurabai W/O Late Sri.Shankar ... on 2 April, 2026
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NC: 2026:KHC-D:4985
WP No. 146087 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 2ND DAY OF APRIL, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO.146087 OF 2020 (LB-RES)
BETWEEN:
1. MALLAHAR DIXIT
S/O APPA DIXIT @ INAMDAR,
AGE: 74 YEARS, OCC: EX-SERVICEMAN,
R/O: KENGERI, POST: MURGOD,
TQ: SAUNDATTI, DIST: BELAGAVI-591 119.
2. NATRAJ S/O. MALLAHAR DIXIT,
AGE: 43 YEARS, OCC: BUSINESS,
R/O: KENGERI, POST: MURGOD,
TQ: SAUNDATTI, DIST: BELAGAVI-591 119.
... PETITIONERS
(BY SRI. SHIVARAJ.C.BELLAKKI, ADVOCATE)
AND:
1. SMT. MATHURABAI
W/O LATE SRI. SHANKAR DIXIT @INAMDAR,
Digitally signed by
CHANDRASHEKAR
LAXMAN
AGE: 50 YEARS, OCC: BUSINESS,
KATTIMANI
Location: HIGH R/O: POST: MURGOD, TQ: SAUNDATTI,
COURT OF
KARNATAKA
DIST: BELAGAVI-591 119.
2. SMT. NALINI W/O UMESH KULKARNI,
AGE: 26 YEARS, OCC: BUSINESS,
R/O: POST: MURGOD, TQ: SAUNDATTI,
DIST: BELAGAVI-591 119.
3. SMT. ASHARANI W/O NIKHIL TORGAL,
AGE: 24 YEARS, OCC: BUSINESS,
R/O: POST: MURGOD, TQ: SAUNDATTI,
DIST: BELAGAVI-591 119.
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NC: 2026:KHC-D:4985
WP No. 146087 of 2020
HC-KAR
4. SRI. DIWAKAR DIXIT
S/O SHANKAR DIXIT INAMDAR,
AGE: 28 YEARS, OCC: BUSINESS,
R/O: POST: MURGOD, TQ: SAUNDATTI,
DIST: BELAGAVI-591 119.
5. SRI. PRABHAKAR DIXIT
S/O SHANKAR DIXIT INAMDAR,
AGE: 21 YEARS, OCC: BUSINESS,
R/O: POST MURGOD, TQ: SAUNDATTI,
DIST: BELAGAVI-591 119.
6. THE SECRETARY REPRESENTING
MURGOD GRAM PANCHAYATH, MURGOD,
TQ: SAUNDATTI, DIST: BELAGAVI-591 119.
7. THE PRESIDENT,
SAVADATTI TALUK PANCHAYATH,
SAVADATTI, TQ: SAVADATTI,
DIST: BELAGAVI-591 119.
8. THE PRESIDENT,
ZILLA PANCHAYATH,
BELAGAVI-591 119.
9. THE PANCHAYATH DEVELOPMENT OFFICER,
MURGOD GRAM PANCHAYATH, MURGOD.
... RESPONDENTS
(BY SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R6, R8
AND R9;
SRI. SHRIKANT.T.PATIL, ADVOCATE FOR R1, R3 TO R5;
NOTICE TO R2 IS HELD SUFFICIENT;
NOTICE TO R7 IS SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
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NC: 2026:KHC-D:4985
WP No. 146087 of 2020
HC-KAR
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.Shivaraj C.Bellakki., counsel for the petitioner, Sri.V.Shivaraj Hiremath., counsel for respondents 6, 8 and 9 and Sri.Shrikant T.Patil., counsel for respondents 1, 3 to 5 have appeared in person.
2. The Writ petition is filed seeking the following reliefs.
"i) Issue a writ in the nature of Certiorari and Quash the order dated 27.11.2019, bearing No. Thapas/GraPan/ Appeal-19/2015-16 with respect to Sy.No.16/17 and 16/20 passed by the 7th Respondent produced as ANNEXURE "P"; and
ii) Issue a writ in the nature of Certiorari and Quash the order dated 27.11.2019, bearing No.Thapas/GraPan/Appeal-20/2015-16 with respect to Sy.No.16/4 passed by the 7th Respondent produced as ANNEXURE "Q"; and
iii) Consequently issue a writ in the nature of Certiorari and Quash the Resolution dated 13.04.2015, with respect to Resolution No.4 passed by the 6th Respondent as far as it concerned to Petitioners land, produced as ANNEXURE "N", and
iv) Any other writ as deemed fit under the circumstances of the case."-4-
NC: 2026:KHC-D:4985 WP No. 146087 of 2020 HC-KAR
3. Counsel appearing for the respective parties have urged several contentions. The Court has heard the arguments advanced and carefully perused the material available on record.
4. It is not in dispute that a resolution came to be passed by the Murgod Gram Panchayat on 13.04.2015. Aggrieved by the same, the petitioners preferred appeals before the President, Taluk Panchayat.
5. A plain reading of the relevant provisions of the Karnataka Gram Swaraj and Panchayat Raj Act makes it abundantly clear that any resolution passed by a Gram Panchayat is amenable to challenge before the Executive Officer of the Taluk Panchayat. In the case on hand, the petitioners, instead of availing the statutory remedy before the competent authority, have filed appeals before the President, Taluk Panchayat. Consequently, the President lacked jurisdiction to entertain and adjudicate upon the said appeals. In that view of the matter, the impugned orders passed by the President are unsustainable in law and liable to be set aside. The matter, therefore, warrants remand to the competent authority. -5-
NC: 2026:KHC-D:4985 WP No. 146087 of 2020 HC-KAR
6. For the foregoing reasons, the impugned orders dated 27.11.2019 passed by respondent No.7, produced at Annexures-P and Q, are hereby quashed. The matter is remitted to the Executive Officer, Taluk Panchayat, for fresh consideration. Since the petitioners are represented by counsel, they shall appear before the Executive Officer on 27.04.2026 without awaiting any further notice. The Executive Officer shall consider the appeals independently and pass appropriate orders in accordance with law, expeditiously.
7. Accordingly, the writ petition stands allowed.
Sd/-
(JYOTI M) JUDGE AM/-
LIST NO.: 1 SL NO.: 52