Ramaiah vs The Secretary, Soravanahalli Village Panchayat and Another

Ram Mohan Reddy, J.—The petitioner claiming to be a recipient of grant of residential site under the Ashraya Scheme during the year 1982, and having lost the original grant certificate, made an application to the second respondent-Executive Officer, Turuvekere Taluk Panchayat, who issued a certified copy of the Grant certificate. Thereafter the petitioner made an application to the first respondent-Secretary, Soravanahalli Grama Panchayat, which it is said passed a resolution dated 8-6-2009, Annexure-C to effect the katha of the said property into the name of the petitioner. It is the allegation of the petitioner that despite representations, the first respondent-Grama Panchayat having failed to comply with its duty and function to give effect to its resolution, has resulted in this petition for a writ of mandamus.

Undoubtedly, Section 235 of the Karnataka Panchayat Raj Act, 1993 invests the Taluk Panchayat with a power, to on a complaint being made that the Grama Panchayat has made default in performing the duties imposed on it under the Act and if satisfied after due enquiry that the Grama Panchayat has failed in the performance of such duty, may fix a period for performance.

In the light of the aforestated statutory provisions, it is open for the petitioner to file a complaint to the Taluk Panchayat and have the grievance redressed.

Petition is accordingly rejected.