SOMASHEKAR B G Vs. VILLAGE PANCHAYAT YELLAVARA

JUDGEMENT

(1.) On 28-7-80 Swami, J. ordered notices to the respondents to show cause as to why rule nisi should not be issued in the case. As it generally happens, after several adjournments before several learned Judges, the case was ultimately posted on 23-10-80 before me for preliminary hearing "Group-B". On that day, as agreed to by all sides, the case was treated as listed for final hearing and I heard the case in part and adjourned the same at the request of the learned Government Pleader to 27-10-80 on which day I heard the arguments in full and reserved the case for orders.

(2.) Issued rule nisi.

(3.) Among others the Group Village Panchayat of Yelavara,. Kolar Taluk (hereinafter referred to as the V.P.) constituted and functioning under the provisions of the Karnataka Village Panchayats and Local Boards Act of 1959 (hereinafter referred to as. the Act) is the owner of lands bearing Sy. Nos. 136 and 137 of the same village measuring 383.28 and 319.11 acres respectively. On the said lands, the V.P. has planted about one lakh Eucalyptus trees more than a decade ago. With a view to avoid illegal cuttings and thefts of the trees, the V. P. on 13-9-78 unanimously decided to dispose of the said trees by public auction. The resolution passed by the V.P. on that day reads thus: - In conformity with the resolution, a recommendation was made to ascertain the value of the trees and accord necessary sanction for the disposal of the trees. On 17-11-79 the Divisional Forest Officer, Kolar Division, informed the Chief Executive Officer, Taluk Development Board, Kolar that the value of the trees on the said lands was Rs. 77,400 On receipt of the said reference, the Deputy Commissioner, Kolar (hereinafter referred to as the D.C.) by his Official Memorandum No. VPC. CR. 331|78-79 dated 29-11-79 accorded his permission for the disposal of the trees specifying the initial bid at Rs. 77,400. The said order of the D. C. reads thus: Official Memorandum Under Rule 3 (i) of the Karnataka Panchayats (Acquisition and Transfer of Movable and Immovable property) Rules, 1960, permission is accorded to the V. P. Yelawara in Kolar taluk to dispose of the Eucalyptus trees raised under form Forestry in S. No. 136 and 137 of Yelawara village in public auction with an initial bid of Rs. 77,400 (Rs. seventy seven thousand and four hundred) as per the valuation made by the Forest Department. The Chief Executive Officer, Taluk Development Board, Kolar is authorised to conduct the auction as per rules. Sd/- xxx Deputy Commissioner Kolar Dist." As authorised by the aforesaid refererence, the Chairman of the V. P. fixed the auction sale of the trees to be held on 19-12-79. Before the auction sale could be held on 19-12-79 various persons of the village and neighbouring villages approached the Asst. Commissioner. Kolar Sub-Division, Kolar (hereinafter referred to as the A.C.) by styling as appeal petitions for cancellation of the sale scheduled to be held on 19-12-79 and also stay of the sale. Somewhat curiously, the A.C. entertained those appeal petitions and by his Memo No. VPC. CR. 88|79-80 dated 18-12-79 stayed and cancelled the sale for the various interesting reasons stated in that memo. In view of the said order, the auction sale scheduled to be held on 19-12-80 was not held. Evidently on a reference made by the Deputy Commissioner, the Divisional Commissioner Bangalore by his Official Memorandum No. VPC. CR. 554/79-80 dated 3-6-80 cancelled the aforesaid order of the A. C. and directed the D. C. to examine the matter afresh and issue appropriate further directions to the V. P. for the sale of the standing timber on the land.