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Judgment
A.N. Venugopala Gowda, J.—Heard learned advocates on both sides and perused the writ petition record.
Petitioners had filed an application, on 29.04.05, to Bellad Bagewadi Grama Panchayat, requesting to enter their name in the Panchayat records, in respect of property measuring 30'' x 43'' of Bellad Bagewadi. The 2nd respondent-Bellad Bagewadi Grama Panchayat, passed a resolution on 15.05.2006, rejecting the claim of the petitioners, to enter their names in respect of the said property, in the Panchayat records. Appeal filed by the petitioners under S. 269 of the Karnataka Panchayat Raj Act, 1993 (for short, the Act), as against the said resolution was allowed and the case was remanded to the Grama Panchayat for fresh decision. A resolution having been passed by the 2nd respondent, on 20.01.2007, rejecting the application of the petitioners, an appeal was preferred before the 1st respondent, who issued an endorsement dated 09.04.2007, holding "appeal lies to the Asst. Commissioner, under S. 211 of the Act". Assailing the said endorsement, this writ petition was filed.
Resolution rejecting the claim of the petitioners passed on 15.05.2006, when questioned in an appeal under S. 269 of the Act, an order was passed by the 1st respondent, allowing the appeal and remanding the case to the 2nd respondent for fresh enquiry. Thereafter, a resolution having been passed by the Grama Panchayat, on 20.01.2007, reiterating its earlier resolution dated 15.05.2006, the 1st respondent was approached for relief, by filing appeal under S. 269 of the Act. The 1st respondent has mechanically issued the impugned endorsement, in disregard of the order passed by him on 20.12.2006. There is non application of mind and non consideration of the case by the 1st respondent, more particularly on account of the order dated 20.12.2006 passed against the resolution dated 15.05.2006. In the circumstances, the impugned endorsement being vitiated, is liable to be quashed.
In the result, writ petition is allowed. The endorsement of 1st respondent dated 09.04.2007 as at Annexure-D is quashed./Consequently, the 1st respondent is directed to take up the appeal filed by the petitioners against resolution dated 20.01.2007 of the 2nd respondent and decide the same in accordance with law, after giving notice to both parties.
All contentions of both sides are left open for consideration and decision by the 1st respondent.
No costs.