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Judgment
Krishna S.Dixit, J
The short grievance of the petitioner is against the Notice dated 14.01.2022 issued by the fourth respondent a copy whereof is at Annexure-Q whereby he is asked to participate in the enquiry proceedings under the provisions of Section 269(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
After service of notice, the respondents having been represented through their counsel oppose the writ petition contending that ordinarily in show cause cases, writ jurisdiction is not invokable. Learned counsel appearing for the fourth respondent submits that there shall be no change of entries in the katha till after the enquiry in question is accomplished.
Having heard the learned counsel for the parties and having perused the petition papers, this Court is broadly in agreement with the submission made on behalf of the respondents and more particularly, fair undertaking given by the fourth respondent that there shall be no adverse order as to the entries in the Property records till after the enquiry proceedings in question are accomplished with the participation of all stake holders. An extraordinary case has to be made out for invoking the writ jurisdiction in matters like this as rightly contended by advocates appearing for the answering respondents. No such circumstance is pointed out.
In the above circumstances, this petit on is disposed off permitting the petitioner to participate in the proceedings in question in terms of the impugned Notice dated 14.01.2021, within three weeks.
The enquiry in question shall go on only after the preliminary Objection as to authority/party to hold the enquiry is decided. In this regard, all contentions are kept open.
All the participants are put to notice through their counsel to participate in the enquiry proceedings in question on 04.05.2022.
Costs made easy.