Point of Law: Mandate of Section 9 of the Act being that Governor should form an opinion that objections to the proposed notification being insufficient or invalid, would alone qualify for notification being issued under Section 3 of the Act as otherwise not.

ORDER :

The Notification bearing No.NAE 148 MLR 2020 dated 05.03.2021 (Annexure-G) issued by first and second respondent by notifying the Gram Panchayat area of Vemagal and Kurugal, Kolar District including the Purahalli Village of Shettihalli Gram Panchayat and Kalva, Manjali, Chikkavallabhi and Bettahosapura Villages of Chowdenahalli Grama Panchayat of Kolar Taluk, Kolar District, as transitional area has been called in question.

2. This Court while ordering notice to respondents by order dated 05.04.2021 had directed the learned AGA to secure the original records and they were also directed not to take any further precipitative action pursuant to impugned notification. For vacating the said order, I.A.No.2/2021 has been filed by the respondents/State. State who is defending the impugned notification has filed its statement of objections. Learned Advocates appearing for parties in chorus agreed that hearing of the interlocutory application for vacating interim order of stay is as good as hearing the writ petition on merits and as such they requested for matter being taken up for final disposal. Hence by consent of learned Advocates appearing for parties, matter is taken up for final disposal.

3. We have heard Sri.Y.R.Sadashiva Reddy, learned Senior Counsel appearing for petitioners and Sri.Dhyan Chinnapa, learned Additional Advocate General appearing on behalf of Sri.Shashikumar along with Smt. Prathima Honnur, learned Additional Government Advocates for respondents. Perused the case papers as well as original file, which has been made available by the learned Additional Advocate General.

4. Petitioners are the villagers of ‘Kurugal Gram Panchayat’ and have filed this Public Interest Litigation on behalf of villagers and also on behalf of themselves calling in question the validity of the Notification dated 05.03.2021 (Annexure-G).

5. The sum and substance of the contentions raised by the petitioners interalia are:

(i) 90% of the villagers of Kurugal Panchayat are agriculturists and having lands, dairy, silk and dependent on this for their livelihood;

(ii) If Kurugal Panchayat is declared as a transitional area/pattana Panchayat along with Vemagal, people residing in Kurugal Panchayat will lose benefits they are getting hitherto;

(iii) The provisions of Section 3 of Karnataka municipalities Act, 1964 (for short ‘Act’) has not been followed;

(iv) The provisions of Section 9 of the Act has not be followed.

6. Sri.Y.R.Sadashiva Reddy, learned Senior Counsel appearing for petitioners by elaborating aforesaid points has vehemently contended that fourth respondent-Panchayat consists of 9 villages and the villagers of Kurugal Gram Panchayat are all agriculturists and meager taxes is being imposed to the houses in the villages not only in Kurugal village but also other eight (8) villages coming within the jurisdiction of fourth respondent and all these villagers are getting the benefit of electricity of minimum payment and water supply is being extended by the Panchayat free of cost. He would submit that students who study upto 10th standard in Kurugal village are prosecuting their higher studies at Kolar and nearest pre-university college is in Vemagal. A degree college is not available even at Vemagal. Hence, contending that Kurugal Panchayat if declared as a Transitional Area/Pattana Panchayat along with Vemagal, the people who are residing in Kurugal Panchayat will lose all the benefits which are extended to them. He would submit that procedure as contemplated under Section 9 of the Act has not been complied at the time of issuing impugned notification and the Director of Municipal Administration has to receive all such objections received with regard to notification issued declaring any local area of altering the limits of such area and thereafter he is required to forward every such objection to the Governor and the Governor, if in his opinion finds that such objections raised to the proposed alteration or declaration are insufficient