BORAIAH Vs. PRESIDENT

JUDGEMENT

(1.) It is the contention of the petitioner that he has been in continuous and uninterrupted possession of 3 guntas of land in Junger No.656 of Konasale Village, Koppa Hobli, Maddur Taluk for more than 50 years.

(2.) It is submitted that the petitioner has put up thatched house and cow shed. Subsequently, however, a resolution was passed by the 3rd respondent - Maraliga Gram Panchayath granting 40x50 feet of land for construction of Dr.B.R.Ambedkar Bhavan. It is submitted that it is nothing but the same land on which the petitioner has been residing along with his family. Learned counsel submits that before the said property was granted for establishment of the Dr.Ambedkar Bhavan, a mahazar was drawn and as per the mahazar drawn by the Secretary of Grama Panchayath, it was brought to the notice of the Grama Panchayath that the petitioner has been in occupation of the said land. However, it is submitted that in total disregard of the mahazar drawn by the Secretary of the Grama Panchayath, Grama Panchayath members proceed to pass a resolution granting 40x50 feet of land in Janjar No.656 for the purpose of construction of Dr.Ambedkar Bhavan.

(3.) Being aggrieved, petitioner filed an appeal before the Adhyaksha of Taluk Panchayath under Section 237(1) of Karnataka Panchayath Raj Act, 1993 (for short 'Act') seeking to set-aside resolution passed by the Grama Panchayath. Adhyaksha of the Grama Panchayath passed an order dated 06.02.2012 allowing the appeal filed by the petitioner herein, while setting aside the resolution passed by the Grama Panchayath. Feeling aggrieved, the panchayath approached the Adhyaksha of Zilla Panchayath under Section 237(2) of Karnataka Panchayath Raj Act assailing the order passed by the Adyaksha of Taluk Panchayath. Adhyaksha of Zilla Panchayath passed the impugned order dated 14.02.2013 setting aside the order of the Adhyaksha of Taluk Panchayath. This writ petition is filed by the petitioner calling in question the impugned order dated 14.02.2013 passed by the Adhyaksha of Zilla Panchayath.