(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, seeking certain reliefs.)

Oral Order

1. Sri.N.P.Vivekmehta., counsel for the petitioners and Sri.M.H.Patil., counsel for respondents 1 to 3 have appeared in person.

2. The petition is filed seeking following reliefs:

          i) Set aside the order of 4th respondent passed in appeal No.Ha.Zi.Pam./Pu.A-Vahi:11/2017-18 dated 03.08.2018 vide Annexure-E and restore the resolution No.13 of Kuppelur Gram Panchayat.

          ii) Any other writ or order direction in the facts and circumstances of the case the Court deems fit including cost in the interest of justice and equity.

3. The petitioners, claiming to be the absolute owners in possession of the house bearing V.P.C. No.391 and V.P.C. No.275 situated at Kuppelur Village, Ranebennur Taluk, have approached this Court challenging the order dated 03.08.2018 passed by the President, Zilla Panchayat.

The brief facts of the case are that respondents 1 to 3 had earlier instituted a suit for declaration and injunction against one Basappa, the husband of the first petitioner and father of petitioners 2 and 3. The said suit came to be dismissed. The appeal preferred there against was also dismissed, thereby confirming the findings of the Trial Court.

Subsequent to the death of Basappa, the petitioners sought entry of their names in the Panchayat records in respect of the properties in question. The Gram Panchayat, by its resolution dated 13.11.2013, effected such entry.

Aggrieved by the said resolution, respondents 1 to 3 preferred an appeal under Section 237(3) of the Karnataka Gram Swaraj and Panchayat Raj Act before the President, Taluk Panchayat, Ranebennur. The said appeal came to be dismissed on 16.08.2017. Thereafter, respondents 1 to 3 preferred a further appeal before the President, Zilla Panchayat, who, by order dated 03.08.2018, allowed the appeal and set aside the resolution of the Gram Panchayat.

4. Counsel for the petitioners contends that the appeal filed before the President, Taluk Panchayat itself was not maintainable, as the statute provides that any resolution of the Gram Panchayat is to be challenged before the Executive Officer, Taluk Panchayat. It is further contended that the subsequent order passed by the Zilla Panchayat is without jurisdiction.

5. This Court has carefully considered the submissions made and perused the material on record.

6. On a plain reading of the relevant provisions of the Karnataka Gram Swaraj and Panchayat Raj Act, it is evident that any person aggrieved by a resolution of the Gram Panchayat has to prefer an appeal before the Executive Officer, Taluk Panchayat. In the present case, respondents 1 to 3, instead of approaching the competent authority, have preferred an appeal before the President, Taluk Panchayat, which is not contemplated under law. When the very initiation of proceedings is without jurisdiction, all subsequent proceedings flowing therefrom are vitiated. Therefore, the order passed by the President, Zilla Panchayat, confirming such proceedings, is unsustainable in law.

7. Accordingly, the writ petition deserves to be allowed.

ORDER

          i. The writ petition is allowed.

          ii. The order dated 03.08.2018 passed by the President, Zilla Panchayat, is hereby quashed.

          iii. The resolution dated 13.11.2013 passed by the Gram Panchayat is restored.