C.A. HAMSA S/O. C.M. ALI REP. BY HIS GPA., HOLDER, C.A. RAFEEQUE S/O. C.M. ALI Vs. THE SECRETARY, GRAM PANCHAYAT AND THE EXECUTIVE OFFICER

JUDGEMENT

(1.) PETITIONER has sought for a direction to Respondent No. 1 to grant license in his favour for construction of orphanage home in Sy. No. 64/10 of Arji Village, Virajpet Taluk, Kodagu District. Certain consequential reliefs are also sought for.

(2.) IT is not in dispute that the Petitioner is the owner of the land bearing Sy. No. 64/10, Arji Village, Virajpet Taluk, Kadagu District, measuring 2.54 acres. The property in question comes in the limits of Bettoli Gram Panchayat. Petitioner with an intention to construct an orphanage home in the name "Anwarul Hudda Orphanage" in the schedule property, prayed for license to construct the building to run orphanage home. It is not in dispute that the property in question is converted for non -agricultural purpose. Bettoli Gram Panchayat in its meeting held on 8.1.2010 refused the license for construction of the building, on the ground that there will be water stagnation and water will flow on the road which may result in creating problems relating to traffic movement. It is further mentioned in the said order that about 150 acres of paddy land will go waste if water is allowed to remain stagnant because of construction of the building.

(3.) BEFORE passing the order at Annexure -F, the Executive Officer of Taluk Panchayat visited the spot and satisfied himself that the public at large will not be affected if the building is constructed. The Executive Officer, in his order dated 23.2.2010 directed the Petitioner to use the building only for running orphanage and not for any other purposes. He further directed the Petitioner to construct the building on pillars to avoid stagnation of water in the area in question and nearby areas. The sum and substance of the order of the Executive Officer is that the Petitioner is directed to construct the building without affecting the public interest. The said order remained unquestioned. However, a letter came to be issued suo moto by the Executive Officer, Taluk Panchayat as per Annexure -G, dated 18.3.2010 instructing the Secretary of the Gram Panchayat not to proceed based on the order at Annexure -F, dated 23.2.2010 granting permission to the Petitioner to construct orphanage. Subsequently, the Petitioner approached the Gram Panchayat once again for grant of permission. The Gram Panchayat has passed the order by passing resolution as per Annexure -K, dated 2.2.2011 in favour of the Petitioner. Majority of the members of Gram Panchayat have expressed their opinion in favour of the Petitioner for granting permission. In spite of the same, the permission is not granted by the Gram Panchayat. Hence, this writ petition is filed. Though the Respondents are served have remained absent.