PADMAVATHI @ PADMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner filed the present writ petition for writ of certiorari to quash the order dated 31.03.2012 made in No.Zi.pan.man.Appeal 23/2010-11 passed by 6th respondent-Adhyaksha, Mandya Zilla Panchayat, Adhyaksha Court, Mandya as per Annexure H and issue direction to confirm the order dated 17.07.2010 in case No.1/2009 passed by respondent No.2-Adhyaksha, Takuk Panchayat, Mandya and to restore the Katha No.399/398 in the name of the petitioner.

(2.) It is the case of the petitioner that the petitioner being uneducated scheduled caste person, has no property. On the representation made by the petitioner and others to the Gram Panchayat, Mandya and the petitioner being one of the applicant, the Gram Panchayat granted site measuring 23 x 24 feet in the name of the petitioner and other 19 applicants vide resolution No.34 dated 06.06.2008 and katha of the said site was made in favour of the petitioner vide Katha No.399/398. Aggrieved by granting of katha in favour of the petitioner and other 19 applicants, 5th respondent approached Taluk Panchayat, Mandya against the resolution No.34 dated 06.06.2008. Considering the entire material on record, Adhyaksha of Taluk Panchayat, Mandya by order dated 17.07.2010 rejected the appeal and confirmed the katha made in the name of the petitioner and other 19 applicants by the Gram Panchayat.

(3.) Aggrieved by the order passed by the Gram Panchayat and Taluk Panchayat, 5th respondent filed an appeal before 6th respondent Zilla Panchayat, Mandya in appeal No.23/2010-2011 under the provisions of Section 237(3) of Karnataka Panchayath Raj Act, 1993. After considering, 6th respondent Adhyaksha, Zilla Panchayat, Mandya has passed the impugned order dated 31.03.2012 by setting aside the order dated 17.07.2010 passed by 2nd respondent-Taluk Panchayat and resolution dated 06.06.2008 passed by 3rd respondent-Gram Panchayat in respect of Katha No.399/398 made in the name of the petitioner and directed 2nd respondent to enter katha according to the spot mahazar in favour of 5th respondent. Hence, the present writ petition.