VILLAGE PANCHAYAT MARIDASANAHALLV Vs. ASST COMMR MADHUGIR

JUDGEMENT

(1.) At Maridasanabally village of Pavagada Taluk, Tumkur Dist., there is a group village panchayat of the dame name (hereinafter referred to us the 'Panchayat') which is the petitioner before me, constituted and functioning Under the provision of use Car. Village Panchayats and Local Boards Act, 1959 (Kar. Act 10 of 1959) there after referred to as the Act exercing jurisdiction over the village inclused in that Panchayat, one of which is Kathikyathanahally village.

(2.) On 10-7 1979 respondent No. 2, a resident of Kathikyathanahally village who owns a parcel of land in the village applied to the Panchayat under S. 53 of the Act for a building licence to construct a building on his land. On 25 7 1979 the Panchayat by its resolution of that date (Annexure A) rejected the said application of respondent No. 2 primarily on the ground that there was a proposal to acquire the said land for a public purpose. An Application made by respondent No. 2 on 29-8-1979 to reconsider its earlier resolution was also rejected by the Panchayat on 16 11 -1979 (Annexure- D).

(3.) Against the resolution of the Panchayat refusing licence, respondent No. 2 filed an appeal under S. 53 (4) of the Act before the Asst. Commissioner. Madhugiri Sub-Divn., Madhugiri (hereinafter referred to as the AC') without impleading the Panchayat as a party respondent to that appeal. On an examination of the contention urgel by respondent No. 2, but with out notifying and providing an opportunity of hearing to the Panchayat on his appeal the AC by his order dt. 20-5-1980 (Annexure E) allowed the appeal of respondent No, 2 and directed the Secretary of tue panchayat to issue him a building licence.