ARUN KUMAR SHETTY Vs. M. JAYARAM SHETTY

JUDGEMENT

(1.) The petitioner in the writ petition is the appellant in the writ appeal. The challenge in the writ petition filed in the nature of public interest litigation is to the order dated 15th July, 2019 passed by the Executive Officer, Taluk Panchayat, Kundapura Taluk. The fifth respondent has been granted CL-9 licence which was in operation when the petition was filed.

(2.) Before we refer to the order impugned, we must note that the said order was passed by the Executive Officer in an appeal preferred by the fifth respondent. The appeal was preferred by the fifth respondent for challenging the resolution passed by the concerned Gram Panchayat, by which an application made by the fifth respondent for grant of trade licence was kept in abeyance. In the appeal, an interim order was passed by the appellate authority staying the notice issued by the Gram Panchayat and directed renewal of the trade licence in favour of the fifth respondent after collecting arrears of all taxes and fees. A direction was also issued to maintain status quo. The fifth respondent preferred W.P. No. 27475/2019 for challenging the said interim order. By an order dated 1st July, 2019, the learned Single Judge directed the appellate authority to hear and dispose of the appeal. Accordingly, the order dated 15th July, 2019 impugned in Writ Petition No. 30488 of 2019 has been passed by the appellate authority.

(3.) In the above said order dated 15th July 2019, it is noted that the fifth respondent is carrying on business in building No. 1/63 situated on the land which was held by the Dakshina Kannada Zilla Panchayat, and by an order dated 23rd February, 2011, it was vested in Amasebailu Gram Panchayat (for short, 'the said Gram Panchayat'). It is observed in the said order that the premises in which the fifth respondent was carrying on business has been constructed by encroaching upon the land held by the Zilla Panchayat. The appellate authority observed that as the fifth respondent was carrying on business for the last 27 years, trade licence should be granted to him on a temporary basis which will be effective till the authorities take steps to clear the encroachment on the subject land in Survey No. 181/2A of the said Gram Panchayat measuring 4 acres 88 cents. It was further observed that the interim order passed by the appellate authority shall stand cancelled and the said order is subject to the result of Regular Second Appeal No. 1415 of 2018. At this stage, we must note here that the said Regular Second Appeal has nothing to do with the encroachment on the public property. Thus, in short, the appellate authority directed the said Gram Panchayat to issue trade licence to the fifth respondent on a temporary basis till the encroachment made by him was removed. It is this order dated 15th July, 2019 which is the subject matter of challenge in this writ petition.