B NARASIMHACHARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioner has challenged the order of the Government dated 21-10-1975 in No. HMA TDI 75 (Ext.-B); Order dated 30-8-1975 in No. MUN II 820/ 72-73 of the Divisional Commissioner, My sore Division, Mysore (hereinafter referred to as the Commissioner) (Exhibit-A) various resolutions of the City Municipal Council, Mandya (hereinafter referred to as the Municipality) and the orders made thereto by the Commissioner, granting shop sites to respondents 4 and 5.

(2.) Some time in 1960, the Municipality acquired a land bearing Sy. No. 184 of Mandya City owned by a deity called "Sree Lakshmi Janardhana Swamy of Mandya" and other adjoining lands, formed about 70 building and shop sites on the said lands for distribution to the residents of the City. Out of the said 70 sites, we are concerned with three shop sites measuring 15' X 30', 20' x 30' and 25' x 30'. Even though the aforesaid shop sites were acquired and vested free from all encumbrances in the Municipality, the petitioner has continued to be in possession of those sites. According to Sri B. M. Krishna Bhat, learned counsel for the petitioner, the petitioner is stated to be in Possession of the sites for well over 50 years.

(3.) In the years 1971 and 1972 the Municipality has distributed all the 70 sites including the three sites one measuring 15' x 30' to the petitioner and the other two measuring 15' X 30' and 25' x 30' to respondents 4 and 5. On different dates the Commissioner has accorded his sanction to the granted to respondents 4 and 5. Respondent No. 4 has alienated the site granted to him to respondent No. 6 sometime in 1973.