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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

CAVEAT PETITION NO. / 2010


IN
WRIT PETITION NO. / 2010

BETWEEN
SMT. GEETHA DASARAMOOLE AND OTHERS… .. CAVEATORS

AND

STATE BY CHIEF EXECUTIVE OFFICERS AND 7 OTHERS.


. ………… RESPONDENTS

VERIFYING AFFIDAVIT

I GEETHA DASARAMOOLE. W/o Sri. Vishwanatha Aged about 48


years, Residing at Dasaramoole House,Hirebandady Post And Village,
Puttur Taluk, Dadakshin kannada District 574241. Now at Bangalore
do hereby solemnly affirm and state on oath as follows:

1. I am the 1ST Caveator in the above caveat and i am fully


conversant with the facts of the case and the facts deposed herein
below. I am swearing to this affidavit on behalf of Caveators no. 2 to 6
also.

2. I state that the averments made by me in the accompanying


Memorandum of Caveat Petition at Paragraphs 1 to 4 are true and
correct to the best of my knowledge ,information and belief.

I do solemnly affirm and state on my behalf and on behalf of other


caveators a that this is name and signature and the contents of this
affidavit are true and correct to the best of my knowledge, information
and belief.

IDENTIFIED BY ME

ADVOCATE DEPONENT

BANGALORE
DATED:
No. of corrections:
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
CAVEAT PETITION NO. / 2010
IN
WRIT PETITION NO. / 2010

BETWEEN

1. SMT. GEETHA DASARAMOOLE


W/O Vishwanatha
Aged about 48 years
Dasaramoole House,
Hirebandady post And Village
Puttur Taluk
Dadakshina kannada District 574241

2. SAVITHA
W/O HARISH
Aged about 29 years
Palethadi house
Hirebandady post And Village
Puttur Taluk
Dadakshina kannada District 574241

3. JAGANNATHA
S/O Shivappa Poojary
Aged about 38 years
Arijalu House
Hirebandady post And Village
Puttur Taluk
Dadakshina kannada District 574241

4. SUMITHRA
W/O Monappa Dravida
Aged about 28years
Mura Quarters House
Hirebandady post And Village
Puttur Taluk
Dadakshina kannada District 574241

5. Shiva Chandra .N.


S/o Koragappa Poojary
Aged about 45 years
Hirebandady post And Village
Puttur Taluk
Dadakshina kannada District 574241

6. Seshappa Nekkilu
S/o Puthra Mugera
Aged about 25 years
Hirebandady post And Village
Puttur Taluk
Dakshina kannada District 574241 . CAVEATORS/PETITIONER

AND
AND

1. STATE BY
CHIEF EXECUTIVE OFFICER
Dakshina Kannada Jilla Panchayath
Jilla Panchayath Building
Urva Store
Mangalore
Dakshina Kannada 575006

2. VENKAMMA
W/o Narayana Naik
Aged about 36 years
Mura Quarters House
Hirebandady post And Village
Puttur Taluk
Dadakshina kannada District 574241

3. MALATHI HARINARAYANA
W/o Harinarayana
Aged about 42 years
Panditha Nilaya
Kemmara
Hirebandady Village
Puttur Taluk
Dadakshina kannada District574241

4. PRAKASH RAI BELLIPPAD


S/o Narasinga Rai
Aged about 56 years
Akira House
Hirebandady Village
Puttur Taluk
Dadakshina kannada District 574241

5. JANARDHANA ANANTHIMARU
S/o Poovani Gowda
Aged about 44 years
Ananthimaru House
Hirebandady Village
Puttur Taluk
Dadakshina kannada District. 574241

6. HAMMABBA SHOUKATH ALI .A.


S/o Jamaluddin
Aged about 28 years
Adamgodi
Hirebandady Village
Puttur Taluk
Dadakshina kannada District 574241
7. VEDAVATHI PADMANABHA
W/o Padmanababha
Aged 34 years
Pattarthy House
Hirebandady Village
Puttur Taluk
Dadakshina kannada District 57424

8. YASHAVANTH SAROLI
S/o Kukkappa Gowda
Aged 37 years
Saroli House
Hirebandady Village
Puttur Taluk
Dadakshina kannada District 574241 … RESPONDENTS
* * * * *

MEMORANDUM OF CAVEAT PETITION UNDER SECTION 148(A) OF THE


CODE OF CIVIL PROCEDURE

The Caveator / Petitioner above named submit as under :

A. The address of the Caveators / Petitioners for the purposes of


service of summons, Notices, Process etc., is as shown in the
cause title above and the additional address is that of their
Counsels, M/s.K.NARAYANA & JITHENDRA ADVOCATES, Office
at NO.13/1 2ND ‘E’ STREET, LUBBAY MASJID STREET,
BANGALORE-560001.

1. The Caveators submits that caveators are Elected members of


Hirebandandy Grama Panchayath which comes in Puttur Taluk,
Dakshina Kannada District. Caveators submits that Respondents no. 2
to 8 are also Members of the said Hirebandady Grama Panchayath.

2. The caveators submits that the respondent No.2 to 8 were


continuously absent to the five General Meeting (Grama Sabhe) held
by the said Gram Panchayath intentionally without leave of panchayath
in spite of receiving meeting notice in time. The intention behind the
absence to the meeting by the respondents no. 2 to 8 is only to makes
persistent default in performance of the duties imposed on them and
their by trying to dissolve Panchayath.
3. The Caveators submit that the Secretary of Hirebandady Panchayat
has already sent report to the State Election Commission to consider
their disqualification regarding absence to General Meeting (Grama
Sabhe) by above said respondents. The report filed by secretary is
pending disposal before State Election Commission.
4. The Caveator apprehends that the Respondents above named
would be filing writ Petition seeking interim order to direct concerned
officer to dissolve the grama panchayath or order of suspend the
membership of caveators by suppressing the true and material facts.
Hence it is just and necessary that the Caveators are notified by this
Hon’ble Court before any Order, including an interim order, being
passed by this Hon’ble Court in the said Appeal. If the Caveators are
not notified of any Order passed against him, he would be put to great
hardship and injury, which cannot be compensated in terms of money.

WHEREFORE, it is prayed that this Hon’ble Court may be pleased to


issue notice to the Caveators herein before passing any order including
an interim order against them in the writ petition in the interests of
justice and equity.

BANGALORE
DATED: 23/08/2010 ADVOCATE FOR CAVEATORS

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