HAMPI VIRUPAKSHESWARA SWAMY Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India assailing the notice bearing No.-2015-16/981 dated 09.10.2017 issued by respondent No.1-Hampi World Heritage Area Management Authority (for short 'HWHAMA').

(2.) The petitioner claims that it is an educational Institution running under the District Madakari Nayak Educational Institution. The petitioner-Institution purchased the property bearing Sy.No.644A2G2/D of Kamalapur village, Hosapete Taluk, Ballari District through a registered sale deed dated 18.01.1993 for establishment of school and college in the said property. The petitioner- Institution is running educational Institution after obtaining due permission from the competent Authority since the year 2000. In the year 2013-14 under the scheme of Member of Parliament Local Area Development Grant, additional rooms were constructed at the cost of Rs.10 lakhs to the school building. The school building was constructed through the Zilla Panchayat, Ballari and the Zilla Panchayat had undertaken the construction work by calling tenders through the notification dated 11.03.2015. Since in respect of the same land, vender of the son had executed one more sale deed in favour of some other persons, the said sale deed was challenged by the petitioner in O.S.No.280/2014, wherein the Civil Judge had permitted the petitioner to carry on the construction work. In the meanwhile, respondent No.4 filed a complaint before the respondent No.1-Authority, based on which, notice dated 06.11.2015 to the petitioner was issued, which was replied by the petitioner. Again respondent No.4 made one more representation dated 27.02.2017. Thereafter, respondent No.4 filed Writ Petition No.102255/2017 seeking for a direction to take action on his representation. This Court by order dated 27.02.2017 directed the respondent to consider his representation. In pursuance to the said direction, the present notice at Annexure-M bearing No.- 2015-16/981 dated 09.10.2017 is issued to the petitioner. Challenging the said notice, the petitioner is before this Court in this writ petition.

(3.) Heard the learned counsel for the petitioner, learned counsel for respondent No.1- Authority, learned Additional Government Advocate for respondent No.2 and the learned counsel for respondent No.4.