Karnataka High Court
WA/2106/2025 of SMT SHAKUNTALA Vs THE STATE OF KARNATAKA on 17 April 2026
NC: 2026:KHC:21142-DB WA No. 2106 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 2106 OF 2025 (LB-RES) BETWEEN: SMT. SHAKUNTALA, W/O SWAMI GOWDA, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 2106 OF 2025 (LB-RES)
BETWEEN:
SMT. SHAKUNTALA,
W/O SWAMI GOWDA,
AGED ABOUT 62 YEARS,
RESIDING AT GANJIGERE POST,
KUNDURU HOBLI, ALUR TALUK,
HASSAN DISTRICT - 573 128.
…APPELLANT
(BY SRI. UDAYA PRAKASH M., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
DEPARTMENT OF
RURAL DEVELOPMENT AND
PANCHAYAT RAJ,
VIDHANA SOUDHA,
BENGALURU - 560 001.
REPRESENTED BY ITS
CHIEF SECRETARY
2.
TALUK PANCHAYATH,
ALUR, HASSAN - 573 128
REPRESENTED BY ITS
EXECUTIVE OFFICER
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
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3.
GRAMA PANCHAYATH,
GANJIGERE, ALUR TALUK,
HASSAN - 573 128.
REPRESENTED BY ITS
PANCHAYATH DEVELOPMENT OFFICER.
4.
HALU UTPADAKARA MAHILA
SAHAKARI SANGA NIYAMITHA,
A SOCIETY REGISTERED UNDER THE
KARNATAKA CO-OPERATIVE SOCIETIES
ACT, 1959, HAVING ITS OFFICE AT:
GARIGHATTA VILLAGE, GANJIGERE POST,
KUNDURU HOBLI, ALUR TALUK,
HASSAN - 573 128.
REPRESENTED BY ITS SECRETARY
…RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
WRIT APPEAL AND SET ASIDE THE ORDER PASSED BY THE
LEARNED
SINGLE
JUDGE
IN
W.P
No.32516/2025
DATED:19.11.2025 AS BEING ILLEGAL, ARBITRARY AND
UNSUSTAINABLE IN LAW, CONSEQUENTLY, UPHOLDING AND
CONFIRMING THE ORDER DATED:09.01.2023 PASSED BY THE
EXECUTIVE OFFICER, TALUK PANCHAYAT, ALURU, IN APPEAL
No.3/2022-23, DIRECTING PROTECTION AND MAINTENANCE
OF THE RAITHA KANA VIDE ANNEXURE-F AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the judgment and order dated 19.11.2025 passed by the writ Court in W.P.No.32516/2025 filed by the respondent No.4.
2. The parties are referred to as per their ranking before the writ Court for the sake of convenience.
3. The petitioner who was not a party before the Taluk Panchayath in Ta.Pa (Aa) Appeal No.03/2022-23 suffered an order adversely affecting the petitioner's right in respect of site measuring 30 feet x 20 feet which was allotted to him by the Gram Panchayath itself.
4. The appellant had filed an appeal against the resolution passed by the Grama Panchayath in Ta. Pa. Appeal No. 03/2022-23, without making the petitioner as
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the party and the Appellate Authority vide order dated 09.01.2023, impugned in the writ petition, allowed the appeal and set aside the resolution passed by the Gram Panchayath in favour of the petitioner for allotment of site measuring 30 feet x 20 feet.
5. The learned single judge in view of the aforesaid facts has allowed the writ petition, set aside the ex-parte order passed against the petitioner, whereby the site allotted by the Gram Panchayath got cancelled and directed the Taluk Panchayath, Alur, Hassan to implead the petitioner in the appeal and after hearing the petitioner to take an appropriate decision on merits in accordance with law.
6. We are of the considered opinion that the impugned judgment and order does not suffer from any illegality either on facts or on law, and therefore, we cannot interfere with the said order. This order is not affecting the appellant as well. No one can be condemned
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without hearing. The petitioner's site allotted to him by the Gram Panchayath got cancelled by the order dated 09.01.2023 passed by the Taluk panchayat without hearing him, and therefore, the learned Single Judge has remanded the matter back for giving hearing to the petitioner, whose site got cancelled.
Accordingly, we dismiss the appeal.
In view of dismissal of the appeal, pending applications if any, does not survive for consideration and the same stands dismissed.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
RR List No.: 1 Sl No.: 3 ct-vn