NINGAPPA B. NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard.

(2.) This public interest litigation has been filed challenging the order No.RD 20 LGL.80 dated 06.07.1983 passed by respondent No.1 produced as document # 8 at pages 73 to 81 in volume No.249 of Book No.Adl in the Office of the Sub-Registrar, Gokak Produced at Annexure-G and consequently, restore the leased out land to Government of Karnataka.

(3.) The petitioners are said to be residents of Gokak Region. It is stated that due to grant of this lease in favour of respondent Nos.9 and 10, the inhabitants of Gokak Falls area, which is Settlement Area (Notified area) has been adversely affected. The Constitution of 73rd and 74th Amendment of 1992 stipulates that no area in the State Should be left out as Notified Area and a Town Panchayat or Municipality shall be constituted for the area which satisfies the essential ingredients as provided under Sec. 349 of the Karnataka Municipalities Act, 1964. The concerned Authority has failed to implement the constitutional mandate as such, W.P.No.34669/2009 (PIL-LB) was filed before this Court in which direction was issued to take appropriate action to constitute a Town Panchayat of Gokak Falls area either by establishing an independent Town Panchayat or by merging the area with the adjoining Town Panchayat, Konnur in accordance with law.