D.K. APPACHCHU S/O LATE SRI D.K. KALAPPA Vs. THE CHIEF OFFICER, SOMWARPET TOWN PANCHAYAT AND THE STATE OF KARNATAKA REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING AND RURAL DEVELOPMENT

JUDGEMENT

(1.) THE petitioner is before this Court seeking for issue of mandamus to direct the first respondent to construct RCC roof shop in the space measuring 15 ft X 15 ft in Sy. No. 194/13 near private bus stand in Somwarpet town as per the boundaries indicated in the prayer.

(2.) HEARD Sri L.S. Chikkanagoudar, learned Counsel for the petitioner and Sri D.C. Jagadish, learned Counsel for the first respondent and the learned Government Advocate appearing for the second respondent.

(3.) THE learned Counsel for the respondent however would contend that the very resolution passed in favour of the petitioner cannot be sustained at the outset since it is contrary to the provisions of the Karnataka Municipalities Act and the property belonging to the municipality cannot be allotted in such fashion. Even otherwise, in respect of the other premises which is already in occupation of the petitioner, the petitioner had not diligently paid the rents. Since the said amount was due, by the subsequent resolution of the panchayat it had been made clear that only after the said amount is paid, further action would be initiated in the matter. Therefore, under any one of the grounds, the petitioner cannot make out grievance before this Court. Above all it is contended by the learned Counsel for the respondent that the nature of the prayer as made in this petition cannot be granted by this Court.