KUBENDRAPPA S.P. & ORS. vs STATE OF KARNATAKA & ORS.

The petitioners have approached this Court by way of present writ petitions with the following prayers:-

a. Issue Writ in the nature of Certiorari or Order or Direction in the similar nature quashing Resolution dated 09-10-2015 passed by the 6th

respondent authority vide Annexure-D holding the same is illegal and without authority of law;

b. Issue Writ in the nature of Certiorari or Order or Direction in the similar nature quashing Order bearing No.ThaPamHa: GraPam:

KathaHanchike: 2016-17/178 dated 29-06-2016 passed by the 5th respondent authority vide Annexure-H holding the same is illegal and without

jurisdiction;

c. Issue Writ in the nature of mandamus or Order or Direction directing the respondent authorities not to dispossess the petitioners herein from

their possession over the land bearing Sy.No.44, 45 & 46 situated at Salakatte Village, Harihara Taluk, Davanagere District;

d. Grant any such other relief or relief''s as this Hon''ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice

and equity"".

The 6th Respondent-Salakatte Gram Panchayath through its Panchayath Development Officer, Ms.Revathi D/o Tulajaram has filed an Affidavit

in this Court on 11.08.2017 that the cancellation of allotments made in favour of the petitioners has since been withdrawn and for the Survey

Nos.44, 45 and 46 of the Salakatte village, the allotment process in favour of all the beneficiaries including the petitioners is being undertaken by

the said Respondent.

The relevant extract of the said Affidavit is quoted below for ready reference:-

I, Revathi, D/o Tulajaram, Age 29 years, working as Panchayath Development Officer, Salakatte Gram Panchayath, Salakatte,

HariHara Taluk, Davanagere District, today at Banglore, do hereby solemnly affirm and state on oath as follows:-

I state that I am the 6th Respondent in the above case and I am well conversant with the facts of the case that I am deposing

hereunder.

I state that 165 sites were allotted by the Tahsildar to the weaker section of the society as per the scheme laid down by the State

of Karnataka, in the vicinity of the Salakatte Gram Panchayath on 01-12-1991.

I state that subsequently the 6th respondent Panchayath had held a meeting on 09-10-2015 with an agenda that the beneficiaries

are not in possession and not obtained the katha and not paid the taxes to the Panchayath and hence decided to cancel the allotments

made in favour of 165 persons accordingly the board has taken decision to cancel the allotments made in favour of 165 persons

against which the present writ petition is filed.

I state that I had taken charge on 10- 08-2016 as P.D.O. in the present 6th respondent Panchayath and after noticing the mistake,

I requested the members of the 6th respondent to revoke/recall the cancellation order made on 09- 10-2015 and accordingly a

meeting was held in the Panchayath on 30-06-2017 and passed a resolution by withdrawing the earlier resolution dated 09-10-2015.

I further state that since the sites allotted to the beneficiaries in respect of the Survey numbers 44, 45 and 46 of Salakatte village

are still in the names of erstwhile land owners and I requested the Tahsildar to remove the names of the landlords and also requested

them to furnish the plan and identify the sites which were allotted to the beneficiaries, so that the Panchayath can issue the katha

certificates to the beneficiaries and the said proceedings are in progress. The Copy of the Resolution passed by the 6th respondent

Panchayath dated 30-06-2017 is produced herewith as Annexure-R-1. Hence, I am swearing accordingly.

What is stated above true and correct to the best of my knowledge, information and belief.

Sd/-

Panchayat Development Officer

Village Panchayat, Salakatte

Harihara Taluk, Davanagere Dist"".

In view of the aforesaid stand of the 6th Respondent-Salakatte Gram Panchayath, the present writ petitions are disposed of. The Respondents

should complete the said process expeditiously. In view of the disposal of the writ petition, I.A.1/18 does not survive for consideration and the

same stands dismissed.