2016 Supreme(Kar) 17
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
RAM MOHAN REDDY, J.
Sri Shivaji & Ors. - Petitioners
Vs.
The State of Karnataka & Ors. - Respondents
Writ Petition Nos.19835-837/2015 C/W Writ Petition Nos.202970-973/2015 (LB-RES)
Decided on : 19.1.2016
Advocate Appeared:
For the Appellant :Sri Ameet Kumar Deshpande, Advocate.
For the Respondent:Sri A. Syed Habeeb, AGA for R1 to R3, Sri Manure Ashok Kumar, Advocate for R4 & R5.
Headnote:KARNATAKA PANCHAYAT RAJ ACT, 1993 - Section 4(1), (3): [Ram Mohan Reddy, ] Declaration of headquarter for Gram Panchayat - Deputy Commissioner by notification declared Ujni as headquarters - Regional Commissioner revised and modified said order in exercise of appellate jurisdiction under Section 4(3) of Act without assigning reasons - Decision was irrational as it was unreasoned - Order, not a speaking order - Order was quashed.
Common questions of law and that of fact arise for decision making, hence, with the consent of the learned counsel for the parties, petitions are clubbed together, finally heard and disposed of by this order.
2. W.P.Nos.19835-19837/2015 are filed by residents of Ujani calling in question the order dated 02.05.2015 of the Regional Commissioner, Kalaburagi Division, Kalaburagi in file No.RCG/ZP/Appeal/246/2014-2015 Annexure-F.
3. W.P.Nos.202970-973/2015 are filed by residents of Medpalli calling in question the very same order of the Regional Commissioner.
4. The fact that Ujani was the headquarters of the Gram Panchayat ever since 1957 upto 1986 is not seriously disputed. Ujani is said to have a population of 1536 as per the census of the year 2011, a high school, an Anganwadi Centre, a Post Office, a Prathamika Krishi Pattina Sahakari Co-operative Bank, public bus stand, public library, linemen quarters, Village Accountant’s office and is located at kilometer 45 of State Highway No.122 i.e. Bidar – Murki Hangarga, with three Gram Panchayat members.
5. Medapalli is said to have a population of 1112 while Gandhi Nagar has a population of 732 as per the census of the year 2011. It is asserted that Gandhi Nagar is a Tanda attached to Medapalli. In addition, it is stated that Medapalli is at equal distance to both Gudapalli and Ujani.
6. On the special orders of the State Government, the Deputy Commissioner, Bidar, issued a publication dated 19.01.2015 duly gazetted in the Karnataka Gazette of even date proposing to declare Ujani as the headquarters for the Gram Panchayat consisting of four villages namely, Ujani having a population of 1538; Medapalli having population of 1112; Sankanal having a population of 805 and; Gudapalli having a population of 1601, totaling to 5054. In the said publication it was notified that Chikli (G), a Gram Panchayat was consisting of Chikli (G) with population of 4020 and Gandhi Nagar with population of 732.
7. Villagers of Gudapalli filed objections to the notification on the premise that the population of the said village in the 2011 census is 1601, located nearest to the State Highway at a distance of 3.5 Kms, having a Cluster Resource Centre, Higher Primary School upto 8th Standard, Milk collection centre and four panchayat members.
8. The Deputy Commissioner having considered the objections, by order dated 04.02.2015 exercising jurisdiction under Section 4 of the Karnataka Panchayat Raj Act, 1993 (for short the ‘KPR Act’) declared Ujani as the headquarters, which when called in question, by respondent Nos.4 and 5 in W.P.Nos.19835-19837/2015, invoking the Appeal jurisdiction under sub-section (3) of Section 4 of the KPR Act, before the Regional Commissioner, who it is stated, passed an order modifying the order of the Deputy Commissioner and declaring Gudpalli as the headquarters of the Gram Panchayat of Ujani by order dated 10.03.2015. That order when called in question in W.P.No.202590/2015 by the petitioners, herein, a learned Single Judge set aside the order and remitted the proceedings for consideration afresh by the Regional Commissioner after extending reasonable opportunity of hearing to all concerned.
9. On remand, the Regional Commissioner is said to have extended opportunity of hearing to all the parties and having secured reports from the Assistant Executive Engineer of Public Works Department, passed the order dated 10.03.2015 declaring Gudpalli as the headquarters of Ujani Gram Panchayat. Hence these petitions.
10. On 07.01.2016 when the petitions were heard, the Regional Commissioner, Kalaburagi was directed to be present before Court along with the file. On 08.01.2016 the following order was passed:
“Sri Amlan Aditya Biswas, the Regional Commissioner is present along with records and submits that the letter Annexure-N of Sri N. Dharma Singh, former Member of Parliament was received and is on file and that he received a telephone call from a person claiming to be the Member of Legislat