Karnataka High Court
Smt.Sharadabai W/O. Sri.Nagaraj ... vs The Assistant Commissioner on 19 July, 2022
Bench: Krishna S Dixit, P.Krishna Bhat
-1-
WA No. 100294 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 19TH DAY OF JULY, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
WRIT APPEAL NO. 100294 OF 2022 (LB-RES)
BETWEEN:
SMT.SHARADABAI W/O. SRI.NAGARAJ NAIK
AGE: 40 YEARS, OCC. PRESIDENT,
NAGATHIBASAPURA GRAMA PANCHAYATH,
R/O. KUMARANAHALLI TANDA,
HOOVINAHADAGALI TALUKA,
VIJAYANAGAR DISTRICT,
PIN-583219.
... APPELLANT
(BY SRI. ANAND R.KOLLI, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER
HARAPANAHALLI,
VIJAYANAGAR DISTRICT,
PIN-583219.
2. S.VASANTHAKUMAR S/O.SHEVYA NAIK
AGE: 38 YEARS, OCC: MEMBER OF NAGATHI
Digitally signed
by JAGADISH T
R
BASAPUR GRAM PANCHAYAT,
Location: HIGH
COURT OF R/O. HOUSE NO. 71,
KARNATAKA,
DHARWAD KOMMARANAHALLI TANDA,
POST: NAGATHIBASAPURA
-2-
WA No. 100294 of 2022
TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR (HOSPETH)
PIN-583219.
3. HAMPAPURADA HANUMANTH
S/O.HAMPAPUR KOTRAPPA
AGE: 37 YEARS, OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT
R/O. # 93, ISHWARAMMA KATTI,
MARAKORANAHALLI,
POST: NAGATHIBASAPURA
TQ: HUVINAHADAGALI
DIST: VIJAYANAGAR (HOSPETH)
PIN-583219.
4. S.REKHA,
AGE: 35 YEARS, OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT,
R/O. HOUSE NO. 420,
KOMMARANAHALLI TANDA,
POST: NAGATHIBASAPURA
TQ: HUVINAHADAGALI
DIST: VIJAYANAGAR (HOSPETH)
PIN-583219.
5. M.VAMADEVANA GOWDA S/O.MALLANAGOWDA
AGE: 36 YEARS OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT
R/O. # 86 WARD NO. 3,
MALLARADAR OWNI, NAGATHIBASAPURA,
TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
6. REKHA M W/O.VAMADEVA M
AGE: 28 YEARS OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT,
R/O. HOUSE NO. 86,
KOMMARANAHALLI TANDA,
POST: NAGATHIBASAPURA,
TQ: HUVINAHADAGALI,
-3-
WA No. 100294 of 2022
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
7. SHILPA K W/O.K.KOTRESH
AGE: 37 YEARS OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT,
R/O. HOUSE NO. 29,
JIGALIYARA ONI NEAR,
POST: NAGATHIBASAPURA,
TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
8. RAVI SHASTRI S. D
AGE: 34 YEARS OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT,
R/O. #. 59, NEMINAIK ONI,
KOMMARANAHALLI TANDA,
POST: NAGATHIBASAPURA,
TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
9. SHANTHANA GOUDA B
S/O.THOANA GOUDA B
AGE: 28 YEARS OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT,
R/O. HOUSE NO. 165,
JIGALIYARA ONI NEAR,
POST: NAGATHIBASAPURA,
TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
10. RAJU NAIK.J
S/O.HANUMANTHA NAIK,
AGE: 38 YEARS OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT,
R/O. HOUSE NO. 515,
KOMMARANAHALLI TANDA,
POST: NAGATHIBASAPURA,
-4-
WA No. 100294 of 2022
TQ: HUVINAHADAGALI
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
11. THIRTHA BAI
AGE: 36 YEARS OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT,
R/O. HOUSE NO. 71,
KOMMARANAHALLI TANDA,
POST: NAGATHIBASAPURA,
TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
12. NETHRA BAI
AGE: 40 YEARS OCC: MEMBER OF NAGATHI,
BASAPUR GRAM PANCHAYAT,
R/O. HOUSE NO. 165,
KOMMARANAHALLI TANDA,
POST: NAGATHIBASAPURA,
TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
13. VEENA BAI W/O.GUNDU RAO NAIK
AGE: 41 YEARS OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT,
R/O. # 10, WARD NO. 5,
KOMMARANAHALLI TANDA,
POST: NAGATHIBASAPURA,
TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
14. ARUN KUMAR M S/O.MADHU NAIK L,
AGE: 36 YEARS OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT,
R/O. #142 WARD NO. 06,
NEAR SRI SEVALAL TEMPLE,
POST: NAGATHIBASAPURA,
TQ: HUVINAHADAGALI,
-5-
WA No. 100294 of 2022
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
15. GANGAVVA W/O.CHANDRAPPA
AGE: 37 YEARS OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT,
R/O. # 75, KOMARANAHALLI,
POST: NAGATHIBASAPURA,
TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
16. SHANTA KUMARI H W/O.BABULAL M
AGE: 34 YEARS OCC: MEMBER OF NAGATHI
BASAPUR GRAM PANCHAYAT,
R/O. POST: NAGATHIBASAPURA,
TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR (HOSPETH),
PIN-583219.
... RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GA FOR R1)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING THIS HON'BLE COURT
TO SET ASIDE THE IMPUGNED INTERIM ORDER DATED
13.07.2022 PASSED BY THE HON'BLE LEARNED SINGLE
JUDGE IN THE WRIT PETITION 102588/2022 BY THIS
HON'BLE COURT IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, KRISHNA S.DIXIT, J, DELIVERED
THE FOLLOWING:
JUDGMENT
This intra Court appeal seeks to lay a challenge
to the ad interim order made by a learned Single
WA No. 100294 of 2022
Judge of this Court on 13.07.2022 in a pending case
i.e. W.P.No.102588/2022.
2. Learned Government Advocate on request
having accepted notice for the official-1st Respondent
Assistant Commissioner vehemently opposes the
admission of this appeal contenting that it is only an
intra-court appeal and therefore, has its own
limitations and that, as such these limitations are
amplified because the challenge is to the ad interim
order. He submits that, even otherwise, this appeal is
unworthy of merits and therefore, should be rejected
at the threshold.
3. Having heard the learned counsel for the
parties and having perused the appeal papers, we
decline indulgence in the matter being broadly in
agreement with the reasoning of the learned Single
Judge; more particularly the unnumbered paragraphs
of the order read as under:
WA No. 100294 of 2022
"What is contemplated in Section 49 is
regarding a notice to be given to the
Adhyaksha of the Gram Panchayat before any
representation/resolution is given to the
Assistant Commissioner in terms of the Rules.
Keeping all questions open, the Assistant
Commissioner, Harapanahalli, is permitted to
go ahead with the meeting which is scheduled
to be held on 25.07.2022. The outcome of the
meeting shall also be given effect to. However,
the same shall be subject to the final outcome
of this writ petition."
We do not want to dwell deep into the matter
inasmuch as our views may colour the hearing of Writ
Petition on merits. We also are in agreement with the
submission of learned Government Advocate that the
scope of intra-court appeal is not that wide and it is
more restrictive when challenge is only to an interim
order, main matter still pending.
In the above circumstances, the appeal is
disposed off requesting the learned Single Judge to
take up the Writ Petition a bit early for final disposal.
WA No. 100294 of 2022
All contentions are kept open and nothing
observed herein above shall influence the decision
making in the said pending case.
Sd/-
JUDGE
Sd/-
JUDGE
RH
