[Cites 2, Cited by 0]
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."
NC: 2026:KHC-D:4985
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.
NC: 2026:KHC-D:4985
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
