B.M. JAGADEESH S/O LATE MALLAPPA SHETTY AND OTHERS Vs. TAHSILDAR MUZARAI OFFICER PERIYAPATNA TALUK, MAYSORE DIST, BETTADAPURA GRAMA PANCHAYATHI PEP. BY ITS SECRETARY, BETTADAPURA PERIYAPATNA TALUK MYSORE DIST, SIDLU MALLIKARJUNASWAMY TEMPLE BETT

JUDGEMENT

(1.) PETITIONERS have sought for the following reliefs:

(2.) WHEN the facts stood thus, an order came to be passed by the Tahasildar, Periyapatna Taluk, "Periyapatne, vide Annexure -'D' dated 19.1.2010 based on the direction of the Assistant Commissioner, Hunsur, for handing over all the shops in question to the 2nd respondent Panchayat for the purpose of maintenance and supervision. The said order Annexure -D reveals that there are 40 shops, out of which, 31 shops are having RCC roofs and 9 shops are having asbestos sheets roofs. Certain conditions are imposed by the Tahsildar on the Grama Panchayat at the time of handing over the shops for maintenance. Accordingly, the Panchayat continued to collect the lease amounts and issued receipts to the petitioners as per Annexures -'E' to 'S'. When the facts stood thus, all of a sudden, the 1st respondent allegedly came to the spot, locked all the shops and got vacated the petitioners from the shops forcibly. However, according to the petitioners, their belongings are still existing within the shops which are locked from outside. The State Government authorities tried to auction the shops in public. At that point of time, these writ petitions are filed praying for the aforementioned reliefs.

(3.) LEARNED counsel appearing on behalf of respondent No.2 Panchayat supports the case of the petitioners. As a matter of fact, Writ Petition No. 18782/2011 is filed by the Panchayat seeking quashing of public auction of the shops. Thus, it is clear that the Panchyat fully supports the case of the petitioners. The State Government has not filed statement of objections.