JAYALAKSHMAMMA W/O P. KRISHNAPPA Vs. DEPUTY COMMISSIONER (REVENUE) BANGALORE MAHANAGARA PALIKE BANGALORE 560001, ASSISTANT REVENUE OFFICER VASANTHANAGAR SUB-DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE 560001 AND THE STATE OF KARNATAK

JUDGEMENT

(1.) PETITIONER , claiming to be an employee serving the respondent - Bruhath Bangalore Mahanagara Palike, for short 'BBMP', for 28 years as a gardener and residing in 1/2 portion of premises No. 46 belonging to the respondent - BBMP, while the other 1/2 portion, also in possession of another employee of the BBMP, having made an application for sale of the said premises in her favour, which when rejected by endorsement dt. 14/7/2010 - Annex.H, has presented this petition. Indisputably petitioner is in possession of the immovable property belonging to her employer, by way of an allotment, and will have to handover possession on attaining superannuation or earlier termination of service since other employees of BBMP are entitled to an allotment of the said property for their residence during their tenure of service. The immovable properties held by the respondent -BBMP are in trust for the public and any disposition by way of sale or otherwise of the said properties cannot but be done, except by way of a public auction so as to secure the highest revenue.

(2.) THE Karnataka Municipal Corporations Act, 1976, for short the 'Act', does not empower the BBMP to sell properties belonging to it in favour of its employees, merely because they have been permitted to occupy such premises during their term of employment.

(3.) PETITION is accordingly rejected.