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2010 Supreme(Kar) 183
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
RAM MOHAN REDDY, J.
RAMAIAH
Versus
THE SECRETARY, SORAVANAHALLIVILLAGE PANCHAYAT, TURUVEKERE TALUK, TUMKUR DISTRICT AND ANOTHER
Writ Petition No. 26745 of 2009
Decided on : 15th February, 2010
Sri J.D. Kashinath for M/s. Janani Associates, Advocates for Petitioner;
Sri A.M. Gangadharaiah, Advocate for Respondents.
Headnote:KARNATAKA PANCHAYAT RAJ ACT, 1993 - Section 235: [Ram Mohan Reddy,J] Ashraya scheme - House site granted under Ashraya Scheme - Writ petition for issuance of direction to Grama Panchayat to issue title deed - Held, When it is the duty of Grama Panchayat to issue title deed, failure on its part to issue same to grantee, amounts to default in performing its duty, and complaint in this regard against defaulting Grama Panchayat lies to Taluk Panchayat concerned as provided in the Act. In view of statutory provision it is open to grantee to make complaint to Taluk Panchayat for redressal of his grievance.
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.
2. 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.
3. 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.
