.2. CHIEF EXECUTIVE OFFICER,
'-P__RElSIVDENT, JAGARAVALLI GRAMA PANCHAYAT,
SHANTHIGRAMA HOBLI.
I
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated: This the 10th day of December V
BEFORE : fj A %
THE HONBLE MRJUSTICEAAJAGANNATHANAV " '
W.P.N0.32330/2&310;'{:'3.§RE5.} M - 7
BETWEEN: ' 1' '%
SR1 IVIANJUNATHA J,
s/0 JAVARA NAYAE2-'
AGED ABOUT 28 YEARS, . 2 .
R/A JAGARAVALLI VILLAGE-,..
DANDIGANAHALLI pQ.s.'r,_ ' _
SHANTHIGRAW~.~_HOiBLI-
HASSAN TA_LU1}i~AND '--DI:3TR1(:*r=5'73"201.
" ' ...PETITIONER
(By M/S LAW IN:C.ANAGES H ' -
AND:
E. :rHE_sTATE OF
REP, BY, ITS SECRETARY,
PA1nIc1eLA_YAT'-R_AJ"AND RURAL DEVELOPMENT
DEpER*r1y1ENT;'}V1KAsA SOUDHA,
DR. AMBEDKARROAD, BANGAL0RE--560 001.
4 "IiASSAN__ZILLA PANCHAYAT,
".__"H_ASSAN~5_73 201.
A JAGARAVALLI, DANDIGANAHALLI POST,
TALUK AND DISTRICT--573 201.
2
4. THE JAGARAVALLI GRAMA PANCHAYAT.
REP. BY ITS PANCHAYAT DEVELOPMENT
OFFICER, JAGARAVALLL
DANDIGANAHALLI POST.
SHANTI-IIGRAMA HOBLI, .
HASSAN TALUK AND DISTRICT-573_2s»1,'f~. "
5. SR1 M SWAMY GOWDA.
s/o MANJE GOWDA, AGEI5"AE§éUT 28-
WORKING AS WATERMEN, ._ _ ,
JAGARAVALLI GRAMA--P_ANCHAYAT;
DANDIGANAHALL1 POST';=.._M' _ '-
SHANT}-HGRAMA HOBLI; 'V
HASSAN TALUI"Z_A:'\§D DISTRI(_;'IT--5--73 201.
'T --. 1 ..,.V.t.'».REs:PoNDENTs
(By Sri JAoA1f_>1'sH MIJNDAj§:r3'1,AY}=1.ooVP R-- 1.
SR1 JAVED I:-iu'ssA1N FOR' R;4.).....-
THIS "WP~...E1._I.Eo_._;5T2AYINx:} To ISSUE A WRiT OF
CERTIQRAM RESOLUTION AT ITEM
NO.9 DT;'1Q.3 20-10'.PAssED BY THE R3, VIDE AT ANN--A,
ETC; ~ V
" V' '5THis.".PET1TioN COMING ON FOR PRELIMWARY
' 'is' GROUP THIS DAY, THE COURT MADE
' '-- THE Eoi;;,oWiNG:
ORDER
“The Resolution passed by the Jagarvalli Grama
“‘._V Pai;1chayat recommending the appointment of 51”
respondent as Bill Collector is calied in question in
this petition.
%
4
Bill Collector fell vacant, as the incvunibent
Sri.\/enugopal was yet to be promoted,
Panchayat made recommendation in_–res§ect’~.of–the ‘» it
5&1 respondent. For all these:’»reason}’s,«the i1np{j1’gn’e::cliC
Resolution at Annexure–A:_therefo’re’be
5. Though learned_V’t’cour1sel. for the 5th
respondent and learned Advocate for R1
to R-4 supported_…th_e.. Reso1’uti’onI.%»–. the Gram
Panch.s,y_eith_. submission made by
the Vpeti–tionVer”s:”‘ ‘
V\flCl€.l”1’VAA’.tfiCiuf’I’€qU.i1’€IT1€1’1t of Bill Collector
Vv Degree holder with computer
‘ V.sVexperien:Ce;”‘respondent No.5, who obviously is not a
” .(.3~’rladuatej_ not have been considered at the first
instance. Secondly, one more requirement to become
“Bill Collector is, the person must have put in five
years of continuous iC€ as a Waterman.
XI’
5
7. In the instant case, the 5″] respondent
was appointed as a Waterman only in .
as is clear from the Notification dated:’j:28i; 0″‘
[Annexure«~C). The Gram Panchay_at.h
passed on 10.3.2010. It’is”‘there’fore 5′<h -. "
respondent had not put in…even"..five years of service
as a Waterman. Mo1"eover_,f';the 'tr-e:con'imendation was
made even before the'Vin~cutmbie.nt 7S1:i.°Venugopal had
moved ~..po'st':.anVd thus even though
Gram Panchayath took
up "dec'ision'A'-t:o–{recommend the name of 591
res'pondent~-.. _ V " "
_ the above reasons, I have no hesitation
the submission of the petitioners
counsel that the Resolution at Annexure–A need to be
.t1t1′;1shed and it is accordingly quashed by allowing
the Writ petition. The 44″ respondent Gram
Panchayath is at liberty to take necessary steps in
3″
accordance with law for filling up the post of
Collector. \
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