CHIKKADASAPPA Vs. TOWN MUNICIPAL COUNCIL BANNUR

JUDGEMENT

(1.) On a remand made by a Division Bench of this Court in WA No. 635 of 1975, this writ petition has been posted before me for hearing.

(2.) In this petition under Art. 226 of the Constitution, the petitioners have challenged the order dt. 31.10.1972 of the Divisional Commissioner, Mys. Dn. Mysore (hereinafter referred to as the Commissioner) in Case No. MUN.I.30/72-73 (Ex-D), the order dt. 12.4.1972 of the Deputy Commissioner, Mys. Dist., Mysore (hereinafter referred toas the DC) in case No. Municipal Appeal 5/69-70 (Ex-C) and the Resolutions dt. 30.10.1969 and 21.11.1969 of the Town Municipal Council, Bannur (hereinafter referred to as the TMC) (Exs. A and B) .

(3.) Land bearing Sy. No. 643/1 of Bannur Town measuring an extent of 3 acres 4 guntas had been acquired by Government at the instance of the TMC before 26.1.1959 from which day the country is governed by the Constitution of India. The respondents claim that the land that belonged to a Muslim gentleman of the town, had been acquired at the instance of Muslim residents of the town adjoinins the said land for providing house sites exclusively to Muslims and no others. But, for various reasons with which we are not concerned, sites were not formed on the said land, much less they were allotted to the residents or to the Muslims of the area before the Constitution of the Country came into force.