Karnataka High Court
Sharanappa Gangeir S/O Parappa Gangeir vs Sangappa S/O Ningappa Mankani on 7 June, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC-D:7653
WP No. 101619 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.101619 OF 2024 (CS-EL/M)
BETWEEN:
SHARANAPPA GANGEIR
S/O PARAPPA GANGEIR,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: KUDALASANGAM TALUKA,
HUNGUND, DIST: BAGALKOT-587313.
... PETITIONER
(BY SRI SRINIVAS B. NAIK, ADVOCATE)
AND:
1. SANGAPPA S/O NINGAPPA MANKANI
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: KHAJAGAL VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1734
BHARATHI
HM 2. DEVINDRAPPA S/O YAMANAPPA MADAR,
Digitally signed by
BHARATHI H M
AGE: 70 YEARS, OCC: AGRICULTURE,
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
R/O: BISALADINNI VILLAGE,
Date: 2024.06.19 12:20:58
+0530
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1735
3. BHIMAPPA S/O YAMANAPPA MADAR,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1736
4. MANJUNATH S/O YAMANAPPA MADAR,
AGE: 45 YEARS, OCC: AGRICULTURE,
-2-
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WP No. 101619 of 2024
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1737
5. LAXMANAGOUDA S/O B. BHARAMAGOUDAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1738
6. NEELAVVA
W/O DEVINDRAPPA BHARAMAGOUDAR,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1739
7. NEELAVVA W/O M. KUDABAGI,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1740
8. GANGAVVA W/O H. NARASANAGI,
AGE: 69 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1741
9. BALAVVA W/O GYANAPPA HIREKURABAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1742
10. YALLALINGA S/O C. HIREGOUDAR,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
-3-
NC: 2024:KHC-D:7653
WP No. 101619 of 2024
DIST: BAGALKOT-587118.
SL NO: 1743
11. NAGARAJ S/O C. HIREGOUDAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1744
12. MAHANTESH S/O C. HIREGOUDAR,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1745
13. YAMANAPPA S/O N. BOLI,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1746
14. SHIVAPPA S/O B. GOUDAR,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1747
15. BHIMAPPA S/O D. DODAMANI,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1748
16. MALLAVVA W/O S. DODAMANI,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118..
SL NO: 1749
-4-
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WP No. 101619 of 2024
17. SABANNA S/O C. BOLI,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1750
18. YALLAVVA W/O C. BOLI,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1751
19. DEVINDRAPPA S/O B. BALABATTI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: VAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1752
20. RAMESH S/O Y. MADAR,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1753
21. SIDDAVVA W/O S. PATIL,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1754
22. SANGAPPA S/O B. HIREGOUDAR,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1755
23. TIPPAVVA W/O B. VADDAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
-5-
NC: 2024:KHC-D:7653
WP No. 101619 of 2024
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1756
24. HANAMAPPA S/O S. GUBACHI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1757
25. SANGANAGOUDA S/O T. PATIL,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1758
26. GANESH S/O A. BOLI,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1759
27. MANGALAPPA
S/O SANGAPPA BALABATTI,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1760
28. SHIVAPPA S/O M. HANCHINAL,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1761
29. SHIVANAND S/O B. NAGUR,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O: TURADAGI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
-6-
NC: 2024:KHC-D:7653
WP No. 101619 of 2024
SL NO: 1762
30. DYAVANNA S/O H. BENAL,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND, DIST: BAGALKOT,
SL NO: 1763
31. MALLAPPA S/O H. BENAL,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1764
32. BHIMAPPA S/O H. HIREGOUDAR,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1765
33. MAHADEVI W/O B. PATIL,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: KATAGUR VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1766
34. VASANT S/O B. METI,
AGE: 80 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1767
35. HANAMAVVA
W/O H. BHARAMAGOUDAR,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1768
36. DYAMAVVA S/O S. BOLI,
-7-
NC: 2024:KHC-D:7653
WP No. 101619 of 2024
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1769
37. SANGAMESH S/O M. MUDUR,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1770
38. ANNAPURNA W/O Y. SOMANNAVAR,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: TURADAGI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1771
39. HANAMAVVA W/O G. CHIGARANNAVAR,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1772
40. RAMAPPA S/O S. MADAR,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: KATAGUR VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1773
41. RAMANNA S/O S. MUDUR,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1774
42. SHASHIKANT S/O S. MUDUR,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
-8-
NC: 2024:KHC-D:7653
WP No. 101619 of 2024
DIST: BAGALKOT-587118.
SL NO: 1775
43. SOMAVVA W/O B. MADAR,
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1776
44. SHIVAPPA S/O M. SOMANNAVAR,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1777
45. SIDDAPPA S/O C. SOMANNAVAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: TURADAGI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1778
46. MAHADEVAPPA S/O S. HIREGOUDAR,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O: TURADAGI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1779
47. DYAVAPPA S/O S. HIREGOUDAR,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1780
48. BASAPPA S/O H. MUDUR,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1781
-9-
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WP No. 101619 of 2024
49. PARASAPPA S/O M. SOMANNAVAR,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: TURADAGI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1782
50. RENUKA W/O G. KELUR,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1783
51. MAHANTESH S/O B. SOMANNAVAR,
AGE: 80 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1784
52. DEVINDRAPPA S/O G. HIREGOUDAR,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1785
53. ANAND S/O G. HIREGOUDAR,
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1786
54. MARIYAVVA W/O S. MADAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1787
55. SHIVAPA S/O N. KUNIBENCHI,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
- 10 -
NC: 2024:KHC-D:7653
WP No. 101619 of 2024
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1788
56. SANGANABASAPPA S/O S. BOLI,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1789
57. SHEKAMMA W/O N. BOLI,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1790
58. SANGAMESH S/O C. CHALAVADI,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1791
59. BHIMARAI S/O H. DODAMANI,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1792
60. PARASAPPA S/O C. HIREGOUDAR,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1793
61. SOMAPPA S/O C. HIREGOUDAR,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1794
- 11 -
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WP No. 101619 of 2024
62. MANJUNATH S/O N. KUNABENCHI,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1795
63. KAMALAVVA W/O N. WALIKAR,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1796
64. HULIGEVVA W/O M. YARAZHARI,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1797
65. BALASH S/O K. HIREGOUDAR,
AGE: 45 YEARS,
OCC: AGRICULTURE
R/O: BISALADINNI VILLAGE
TALUK: HUNAGUND DIST: BAGALKOT
SL NO: 1798
66. RENAVVA W/O S. BOLI,
AGE: 45 YEARS,
OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1799
67. BASAPPA S/O L. MUDUR,
AGE: 55 YEARS,
OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1800
- 12 -
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WP No. 101619 of 2024
68. DYAMANNA S/O P. HOSAGOUDAR,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: VAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1801
69. SANGANAGOUDA S/O B. PATIL,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: SANGAM VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1802
70. PARATEVVA S/O B. MANKANI,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O: KHAJAGAL VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1803
71. SHIVANAND S/O B. MANKANI,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: KHAJAGAL VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1804
72. SIDDAPPA S/O DHAREPPA YALIGUTI,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1805
73. MUTTAPPA S/O HANAMAPPA METI,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1806
74. MALAPPA S/O D. YALIGUTI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
- 13 -
NC: 2024:KHC-D:7653
WP No. 101619 of 2024
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1807
75. RAMANAGOUDA S/O H. GOUDAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1808
76. GYANAPPA S/O D. YALLIGUTI,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1809
77. MALLAGOUDA
S/O HANAMAGOUDA GOUDAR,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O: SANGAM VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1810
78. GEETA W/O MALLAPPA KURI,
AGE: 55 YEARS,
OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1811
79. BUDAVVA W/O RAMANNA KURI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1812
80. MUTTAVVA W/O SHIVAPPA HANCHINAL
AGE: 48 YEARS,
OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
- 14 -
NC: 2024:KHC-D:7653
WP No. 101619 of 2024
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1813
81. MANJUNATH
S/O YAMANAPPA DODAMANI,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1814
82. MALLAPPA S/O YAMANAPPA DODAMANI,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1815
83. SHANKARGOUDA S/O GYANANAGUDA PATIL,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1816
84. HANAMAGOUDA
S/O BHIMANAGOUDA PATIL,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1817
85. SANGAPPA S/O SAKARAPPA DODAMANI,
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1818
86. SHANTAVVA W/O BASAPPA METI,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
- 15 -
NC: 2024:KHC-D:7653
WP No. 101619 of 2024
DIST: BAGALKOT-587118.
SL NO: 1819
87. SANGAVVA W/O NEELAVVA BENAL,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1820
88. ADIVEPPA S/O HANAMAPPA DODAMANI,
AGE: 55 YEARS,
OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1822
89. HANAMAPPA S/O KHANAPPA METI,
AGE: 35 YEARS,
OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1823
90. RUKMAVVA W/O HANAMAPPA METI,
AGE: 40 YEARS,
OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1824
91. CHANDAVVA D/O DYAMAVVA METI,
AGE: 45 YEARS,
OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1825
92. MANJAPPA S/O Y. MADAR,
AGE: 50 YEARS,
OCC: AGRICULTURE,
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WP No. 101619 of 2024
R/O: BISALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1826
93. SHIVAPUTRAPPA S/O YAMANAPPA MADAR,
AGE: 60 YEARS,
OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1827
94. SHANTAVVA W/O MALLAPPA BENAL,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1828
95. LAXMIBAI W/O MALANAGOUDA GOUDAR,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1829
96. SANGAPPA S/O RANGAPPA TIMANNAVAR,
AGE: 55 YEARS,
OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1830
97. DYAMANNA S/O BASAPPA METI,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1831
98. MALLAPPA S/O SANGAPPA DODAMANI,
AGE: 60 YEARS,
OCC: AGRICULTURE,
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NC: 2024:KHC-D:7653
WP No. 101619 of 2024
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1832
99. PADMAVATI S/O GYANANAGOUDA PATIL,
AGE: 50 YEARS,
OCC: AGRICULTURE,
R/O: VALAKALADINNI VILLAGE,
TALUK: HUNAGUND,
DIST: BAGALKOT-587118.
SL NO: 1833
100. THE STATE OF KARNATAKA,
R/BY PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
101. THE CO-OPERATIVE ELECTION AUTHORITY,
REPRESENTED BY ITS COMMISSIONER,
3RD FLOOR, "A" BLOCK, K.H. ROAD,
SHANTINAGAR TTMC,
BENGALURU-560027.
102. THE DEPUTY REGISTRAR COOPERATIVE SOCIETIES,
BAGALKOT AND DISTRICT ELECTION OFFICER,
BAGALKOT, DISTRICT BAGALKOT-587118.
103. THE RETURNING OFFICER,
PRATHAMIKA KRUSHI PATINA
SAHAKARA SANGA NIYAMIT,
SANGAM TALUKA HUNGUND,
DISTRICT BAGALKOT-587118.
104. PRATHAMIKA KRUSHI PATINA
SAHAKARA SANGA NIYAMIT SANGAM
TALUKA HUNGUND,
DISTRICT BAGALKOT-587118,
REPRESENTED BY CHIEF EXECUTIVE OFFICER.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R100 & 103;
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WP No. 101619 of 2024
SRI BHARAMGOUDAR. ADVOCATE FOR R101 & R102;
SRI SOUABH A. SANDUR, ADVOCATE FOR R104;
SMT. P.S. TADAPATRI AND
SRI S.A. HASUR, ADVOCATES FOR R1, R5-R7, R9-R11, R13, R14,
R17, R18, R21-R23, R26-R28, R30, R31, R34, R36, R38, R39,
R44-R49, R51, R54-R57, R59, R65, R67, R68, R70, R73-R91, R93,
R94, R97 & R99, R29, R45, R49-NOTICE TO HELD SUFFICIENT;
R2-R6, R8-R18, R20-R22, R24-R43, R47, R48, R50, R52, R54-R57,
R59, R62, R64, R65-R68, R72, R73, R74, R76, R78-R84, R86-R90,
R92-R99-NOTICE SERVED;
R7, R40, R53 & R85-NOTICE TO SERVED AS PER POSTAL TRACK)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO:
1. ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED
FINAL VOTER LIST DATED 08/12/2023 PREPARED BY 104TH
RESPONDENT SOCIETY, AND APPROVED BY 102ND RESPONDENT
VIDE ANNEXURE-D, IN SO FAR INCLUSION OF NAMES OF THE
RESPONDENTS NO.1 TO 99 IN THE ENDS OF JUSTICE AND EQUITY.
2. ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS NO.102 TO 104 NOT TO INCLUDE THE NAMES OF THE
RESPONDENTS NO.1 TO 99 IN THE FINAL ELIGIBLE VOTER LIST AND
RESTRAIN THE RESPONDENTS NO.1 TO 99 IN PARTICIPATING IN
THE ELECTION PROCESS SCHEDULED TO BE HELD ON 10/03/2024
VIDE ANNEXURE-C IN THE INTEREST OF JUSTICE.
3. ISSUE WRIT OF MANDAMUS DIRECTING THE 103RD
RESPONDENT TO DECLARE THE ELECTION RESULT OF THE 104TH
RESPONDENT SOCIETY BY EXCLUDING THE NAMES OF
RESPONDENTS NO.1 TO 99 AFTER COMPLETION OF THE ELECTION
PROCESS IN ACCORDANCE WITH LAW AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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WP No. 101619 of 2024
ORDER
Heard the learned counsel for the petitioner and the
learned counsel for the respondents including learned HCGP for
the State.
2. This petition is filed by the petitioner seeking to
quash the impugned final voters list dated 08.12.2023 prepared
by respondent No.104/Co-Operative Society approved by
respondent No.102 in so far as the inclusion of names of
respondent Nos.1 to 99 in the voters list so also seeking a writ
of mandamus to respondent Nos.102 to 104 not to include the
names of respondent Nos.1 to 99 in the final eligible voters list
and restrain respondent Nos.1 to 99 from participating in the
election process scheduled to be held on 10.03.2024 vide
Annexure C. Consequentially to exclude the names of
respondent Nos.1 to 99 after completion of the election
process, the petitioner is one of the member of respondent
No.104/Co-Operative Society namely Prathamika Krushi Pattina
Sahakara Sanga Niyamit Sangam Taluk Hunagund, District
Bagalkot. The elections to the members of the Board of the
management of the society was held in the year 2019 which
was for the period of 5 years and thereafter after completion of
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the said term, the respondents fixed the date for elections on
31.12.2022 and thereafter prepared a list of voters of the
Society i.e., to the Deputy Registrar of Co-Operative Societies
as per Rule 13-D of the Karnataka Co-Operative Society Rules.
The Society was required to prepare the voters list, verified the
list of voters/members and submitted the same. This being the
state of affairs, the Deputy Registrar passed an order
appointing administrator and thereafter prepared the voters list
fixed a date for conducting of election dated 10.03.2024.
3. It is grievance of the petitioner that while preparing
voters list, respondent Nos.1 to 99 who are not at all concerned
with the Society, have been shown in the voters list as
voters/members of the Society without the same being
published prior to the issuance of calendar of events. Which he
contends is an illegality and arbitrary process in the election
process. He also contends that the Society has not mentioned
these respondent Nos.1 to 99 in the audit report so conducted.
Since, the ineligible voters were included in the list of voters for
the Society and submitted to the Deputy Registrar based on
which, the voters list came to be prepared and the election was
fixed, the petitioner approached this Court to declare that these
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ineligible and who are not the members of the Society to not
cast their votes in the ensuing election and to exclude their
names in the election process.
4. Vide order dated 07.03.2024, this Court on
consideration of the submissions made by the learned counsel
for the petitioner passed an interim order issuing notice to the
respondents and directed the Returning Office to conduct the
elections. However respondent Nos.1 to 99 were permitted to
cast their votes, but their votes were ordered to be kept in
separate ballot box and also an order came to be passed not to
declare their results till further orders of this Court.
5. Learned counsel for the petitioner Sri Srinivas B.
Naik vehemently contended that there is absolute gross
violation of the Rules and Regulations and there is total
illegality, arbitrariness by the Society in collusion with the
Deputy Registrar/the respondent. Names of some of the
persons/members namely respondent Nos.1 to 99 who are not
at all the members of the Society without there being any iota
of evidence with regard to their proof of membership in the
Society nor in the voters list prepared prior to the process of
elections have been permitted to be listed in the list of voters
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after the calendar of events are published. Therefore,
respondent Nos.1 to 99 are not eligible to cast their votes as
they are not members of the Society. Therefore, this Court
would have to interfere under Article 226 of the Constitution of
India when there is fundamental breach of Rules and
Regulations and same has been ignored blatantly in collusion
with the Society by the Authorities namely Deputy Registrar
and the provisions of the Act that the Rules are deliberately not
followed. Despite there being alternative efficacious remedy,
this Court is not barred from exercising its jurisdiction under
Article 226 of the Constitution of India to avoid any breach of
the fundamental rights of the citizen. Under these
circumstances, he seeks intervention and interference of this
Court in this petition.
6. Learned counsel representing the respondents
including the State, objects to the said argument advanced by
the learned counsel for the petitioner and contends that the
elections have already been conducted. The voters/respondent
Nos.1 to 99 have been permitted to cast their votes who are
listed as voters. Respondent Nos.1 to 99 were permitted to cast
their votes. Their votes are ordered to be kept in the separate
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ballot box. Their results are not yet announced. In case the
petitioners succeeds in the election, he may not have
grievance and even though he succeeds and if he has grievance
with regard to respondent Nos.1 to 99 being not the members
of the Society, he is at liberty to challenge the said list of the
voters to be ineligible in the process known to law as per the
Act or otherwise before the appropriate forum. Therefore, the
election which is already conducted and kept in the separate
ballot box of the voters of respondent Nos.1 to 99 be
announced and thereafter the petitioner would be at liberty to
approach the proper forum to redress his grievance.
7. Having heard the learned counsel for both the
parties, apparently there is no dispute that the election process
is come to an end, respondent Nos.1 to 99 have been
permitted to cast their vote. The same is kept in separate ballot
box. Results are not announced vide order passed by this Court
on 07.03.2024. In case the petitioner succeeds, he is at liberty
to approach the appropriate forum challenging the list of voters
to be not members of the Society which will take its own course
in accordance with law. The learned counsel for the petitioner
has relied on the judgment of the Hon'ble Apex Court in the
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case of Kuldeep Kumar vs. UT Chandigarh and others
reported in (2024) 3 SCC 526 and the learned counsel for the
respondents have relied on the judgment of this Court in the
case of Shashikant S/o Revanappa Patil and others vs.
The State Co-Operative Election Authority in WP
No.107823/2023 in support of their respective cases.
8. Generally in cases were the list of voters being not
members or ineligible voters file writ petition under Article 226
of the Constitution of India, it is normally not entertained as
several disputed questions of facts get involved as to whether
they are proper members, eligible voters and what is the proof
of their membership, the fee paid and the receipts produced
which will have to be properly enquired into and suitable orders
will have to be passed after giving opportunity to the respective
contesting parties. This Court sitting in the writ jurisdiction
under Article 226 of the Constitution of India cannot venture
into conducting roving enquiry, as to whether respondent Nos.1
to 99 are members of the Society or not and whether they have
produced their valid membership receipts, payment of fee and
other details as canvassed by the learned counsel for the
petitioner. The Karnataka Co-Operative Societies Act, 1959
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contemplates an appeal provision for raising disputes under
Section 70 of the Act with regard to any matter touching the
Constitution or management of the business of a Co-Operative
Society amongst the members, past members and persons
claiming through the members and etc., So also Section
70(2)(c), "Any dispute arising in connection with the election of
a President, Vice-president or any office bearer or member of
the Board or Society".
9. Under the circumstances, there is a well established
provision under the Act to redress the grievance put forth by
the petitioner herein. As stated earlier, this Court cannot
conduct a roving inquiry with regard to respondent Nos.1 to 99
being members or not, and find out the disputed question of
fact, which is not contemplated under Article 226 of the
Constitution of India, for which the petitioner will have to
approach the alternative efficacious forum and the remedy
available in law to explore his grievance.
10. Under the circumstances, I do not find much merit
in the contentions put forth by the learned counsel for the
petitioner to entertain this writ petition. Accordingly, I pass the
following
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ORDER
i) The writ petition is dismissed.
ii) Respondent No.103/Returning Officer shall
forthwith declare the results of the elections,
including that of respondent Nos.1 to 99, which
has been kept in a separate sealed ballot box and
declare the results within four weeks from the date
of receipt of copy of the order.
iii) The petitioner is at liberty to challenge the order of
the declaration of results, if he is aggrieved by it.
iv) Petitioner is also at liberty to challenge the list of
voters to be not members of the Society in
accordance with law before the appropriate forum,
which shall be decided independently, without
relying into any of the observations or opinions
expressed by this Court in this writ petition.
Sd/-
JUDGE
SSP
CT:BCK
