Karnataka High Court
Samad A A vs Sri K K Deepak on 2 May, 2024
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2024:KHC:16959-DB
WA No. 636 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MAY, 2024
PRESENT
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT APPEAL NO. 636 OF 2024 (KLR-RES)
BETWEEN:
1. SAMAD A A
AGED ABOUT 45 YEARS,
S/O LATE ASAINER A M,
R/AT MUGATAGERI VILLAGE,
PONNAMPET POST,
KODAGU DISTRICT-571216.
2. RAFEEQ A A
AGED ABOUT 45 YEARS,
S/O LATE ASAINAR A M,
R/AT MUGATAGERI VILLAGE,
PONNAMPET POST,
KODAGU DISTRICT-571216.
Digitally
signed by
ANAND N 3. UMMAR A H
Location:
HIGH AGED ABOUT 45 YEARS,
COURT OF S/O LATE HAMSA A A,
KARNATAKA
R/AT MUGATAGERI VILLAGE,
PONNAMPET POST,
KODAGU DISTRICT-571216.
4. SAMAD A A
AGED ABOUT 59 YEARS,
S/O LATE AHAMED,
R/AT MUGATAGERI VILLAGE,
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WA No. 636 of 2024
PONNAMPET POST,
KODAGU DISTRICT-571216.
5. KHALID
AGED ABOUT 51 YEARS,
S/O LATE AHAMED
R/AT MUGATAGERI VILLAGE,
PONNAMPET POST,
KODAGU DISTRICT-571216.
6. A A MOOSA
AGED ABOUT 66 YEARS,
S/O LATE AHAMED,
R/AT CHENIVADA VILLAGE,
BEGOOR POST,
PONNAMPET,
KODAGU DISTRICT-571216.
7. A A MOIDU
AGED ABOUT 63 YEARS,
S/O LATE AHAMED,
R/AT MUGATAGERI VILLAGE,
PONNAMPET POST,
KODAGU DISTRICT-571216.
8. A M ABDUL FAROOK
AGED ABOUT 39 YEARS,
S/O MOIDU A A,
R/AT MUGATAGERI VILLAGE,
PONNAMPET POST,
KODAGU DISTRICT-571216.
9. KHALID A H
AGED ABOUT 47 YEARS,
S/O LATE HUSAINER A A ,
R/AT MUGATAGERI VILLAGE,
PONNAMPET POST,
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WA No. 636 of 2024
KODAGU DISTRICT-571216.
10. A A ABOOBAKAR
AGED ABOUT 53 YEARS,
S/O LATE A P ALI,
R/AT MUGATAGERI VILLAGE,
PONNAMPET POST,
KODAGU DISTRICT-571216.
...APPELLANTS
(BY MS. NITYA KALIGOTLA.,ADVOCATE)
AND:
1. SRI K K DEEPAK
S/O LATE DKUTTAPPA,
AGED ABOUT 45 YEARS,
R/AT ARJI VILLAGE,
KALLUBANE POST,
SRI CHAMUNDI LAYOUT,
VIRAJPET,
KODAGU-571218.
2. STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU-560001.
3. THE DEPUTY COMMISSIONER
OFFICE OF THE
DEPUTY COMMISSIONER MADIKERI,
KODAGU-571201.
4. THE ASSISTANT DIRECTOR
URBAN AND RURAL DEVELOPMENT
DEPARTMENT OF MADIKERI,
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WA No. 636 of 2024
KODAGU-571201.
5. THE ASSISTANT COMMISSIONER
OFFICE OF THE DEPUTY
COMMISSIONER MADIKERI,
KODAGU-571201.
6. THE TAHSILDAR
OFFICE OF THE TAHASILDAR,
PONNAMPET,
KODAGU-571216.
7. KODAGU ZILLA PANCHAYAT
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER,
DEPARTMENT OF RURAL DEVELOPMENT AND
PANCHAYATH RAJ MADIKERI,
KODAGU-571201.
8. BALLYAMANODOOR GRAM PANCHAYAT
BALLYMANDOOR VILLAGE,
VIRAJPET, KODAGU-571216
REPRESENTED BY THE PANCHAYATH
DEVELOPMENT OFFICER.
9. PONNAMPETE TALUK PANCHAYATH
PONNAMPETE VIRAJPETE, KODAGU-571216
REPRESENTED BY ITS EXECUTIVE OFFICER.
10. PANCHAYAT RAJ ENGINEERING DEPARTMENT
PONNAMPETE VIRAJPETE,
KODAGU-571216
REPRESENTED BY ITS EXECUTIVE OFFICER.
...RESPONDENTS
(BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R2 TO
R6)
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WA No. 636 of 2024
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 READ WITH RULE
27 OF THE WRIT PROCEEDIGNGS RULES, 1977
PRAYING TO CALL FOR RECORDS BEFORE THE Ld.
SINGLE JUDGE IN W.P No. 21368/2023 ii. SET ASIDE
THE IMPUGNED ORDER DATED 18 MARCH 2024
PASSED BY THE Ld. SINGLE JUDGE IN W.P No.
21368/2023.
THIS APPEAL, COMING ON FOR ORDERS, THIS
DAY B.M. SHYAM PRASAD J, DELIVERED THE
FOLLOWING:
JUDGMENT
The appellants are aggrieved by the interim
order dated 18.03.2024 in W.P.No.22377/2023 c/w
W.P.No.21368/2023, and insofar as the appellants'
grievance with this order, this Court must refer to the
following:
"From the above, it is clear that the
concrete road has been put up on the thodu,
which may be the main reason for stagnation
of water. Though the Tahasildar had issued
the directions to the Panchayat Development
Officer to remove the concrete road nothing
further has been done.
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In that view of the matter, the Deputy
Commissioner, Madikeri, is hereby directed to
follow up the information given by the
Tahasidar as noticed herein above, proceed to
remove the concrete road which appears to be
the main reason for stagnation of water.
The entire exercise shall be completed
within a period of four weeks from today."
The learned counsel for the appellants submits
that the appellants' rights will be affected if the
directions of the Writ Court are implemented and
therefore, the first respondent ought to have
impleaded the appellants as well.
Sri. Mohammed Jaffar Shah, the learned
Additional Government Advocate, who accepts notice
for the second to the sixth respondents when queried,
submits that the Writ Court's directions as aforesaid
are not implemented because of the elections. As the
appellants contend that they ought to have been
heard, this Court is of the considered view that the
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appeal may be disposed of deferring the
implementation of the directions until 30.06.2024
with liberty to the appellants to file necessary
applications in the writ proceedings. It is needless to
observe that this Court has not recorded any view on
the appellants' grievance as the same will have to be
considered by the writ Court.
SD/-
JUDGE
SD/-
JUDGE
RB
