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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF NOVEMBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE R DEVDAS

WRIT PETITION NO.8755 OF 2020(LB-RES)

BETWEEN

THE PRESIDENT

UDYAVARA GRAM PANCHAYAT

OFFICE AT NO. 36

UDAYAVARA GRAM PANCHAYAT

UDAYAVARA POST, UDUPI TLAUK

UDUPI 574118

...PETITIONER

(BY SMT LAKSHMI IYENGAR, SENIOR COUNSEL)

AND

1 .

STATE OF KARNATAKA

REPRESENTED BY ITS

PRINCIPAL SECRETARY

URBAN DEVELOPMENT DEPARTMENT

ROOM NO.434, VIKASA SOUDHA,

BANGALORE- 560000.

2 .

THE PRESIDENT

ZILLA PANCHAYAT UDUPI

OFFICE AT

UDUPI ZILLA PANCHAYTH OFFICE

C-BLOCK, GOVERNMENT OFFICE,

RAJATHADRI MANIPAL,

UDUPI 576 101

3 .

URBAN DEVELOPMENT AUTHORITY

UDUPI

AT UDUPI MALPE MAIN ROAD,

AADIVUDUPI

UDUPI DISTRICT 576103

REPRESENTED BY ITS

COMMISSIONER

2

4 .

SRI HARIYAPPA KOTIAN

S/O MR. RAJU KOTIAN

AGED ABOUT 67 YEARS

R/AT KARTHIK

KIDIYOOR VILLAGE

UDUPI TALUK

UDUPI DISTRICT -576101

5 .

SMT. USHALATHA KOTIYAN

W/O MR. HARIAYAPPA KOTIAN

AGED ABOUT 59 YEARS

AT KARTHIK, KIDIYOOR VILLAGE

UDUPI TLAUK

UDUPI DISTICT 576101

6 .

SMT.BABY S MENDON

W/O MR. SUDHAKAR MENDON

AGED ABOUT 55 YEARS

R/AT SRI AMBIKA

AMBALPADY VILLAGE

UDUPI TALUK

UDUPI DISTRICT 576101

…RESPONDENTS

(BY SRI K R NITHYANANDA, HCGP FOR R1

SRI ASHOK R NAYAK, ADVOCATE FOR R2

SRI K PRASAD HEGDE, ADVOCATE FOR R3

SRI SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR

SRI K PRASANNA SHETTY & U S YOGESH KUMAR,

ADVOCATES FOR R4 TO R6) )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH

THE

ORDER

DTD

31.01.2020

PASSED

BY

THE

R-2

PRESIDENT, ZILLA PANCHAYAT, UDUPI VIDE ANNEXURE-F

AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS

THROUGH VIDEO CONFERENCE THIS DAY, THE COURT

MADE THE FOLLOWING:

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ORDER

R. DEVDAS J., (ORAL):

Learned Senior Counsel Sri Shashi Kiran

Shetty, appearing for the respondent Nos.4 to 6

raised

a

preliminary

objection

regarding

maintainability of the writ petition.

2.

The writ petition is filed by the President

of the Udyavara Gram Panchayat, Udupi Taluk,

Udupi calling in question the order dated 31.01.2020

passed by the Adhyaksha of the Zilla Panchayat,

Udupi. The Gram Panchayat and respondents No.4

to 6 were before the Adhyaksha of the Zilla Panchayat

challenging and defending the order passed by the

Adhyaksha of the Taluk Panchayat. The dispute

arose in the background of respondents No.4 to 6

seeking

permission/No

Objection

Certificate

for

establishing Fish Freezing Unit within the jurisdiction

of the Gram Panchayat. The Gram Panchayat passed

a resolution dated 27.05.2017 to issue NOC to the

petitioners except for production of fish meal.

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Subsequently, one more resolution came to be passed

on 27.06.2017 by the very same Gram Panchayat

canceling the earlier resolution dated 27.05.2017.

The answering respondents took up the matter before

the Adhyaksha of the Taluk Panchayat invoking

Section 269 of the Karnataka Panchayat Raj Act,

1993. The appeal was rejected by the Adhyaksha of

the Taluk Panchayat. The answering respondents

had filed W.P.No.32415/2017 and 33669-670/2017

calling

in

question

the

order

passed

by

the

Adhyaksha of the Taluk Panchayat. This Court by

order dated 10.07.2018 quashed the order dated

27.06.2017

and

remanded

the

matter

to

the

Adhyaksha

of

the

Taluk

Panchayat

for

fresh

consideration on merits.

3.

It is the contention of the petitioner-

Adhyakha of the Gram Panchayat that the Taluk

Panchayat without complying the directions issued

by this Court passed an order forwarding the matter

to the Adhyaksha of the Zilla Panchayat. The

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Adhyaksha of the Zilla Panchayat passed the

impugned order dated 31.01.2020 upholding the

initial resolution passed by the Gram Panchayat and

permitting the answering respondents to establish

the fish freezing unit.

4.

Section 6 of the Karnataka Gram Swaraj

& Panchayat Raj Act, 1993,