Y PANDURANGA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) In these writ petitions, which are sought to be filed in public interest, the petitioners have assailed the proceedings of the Assistant Commissioner, Kundapur, dated 28-11-2012 by which 10 cents of land in possession of Zilla Panchayat Model Higher Primary School, Tenka Village, have been allotted for the purpose of construction of Grama Panchayat Office. It is the case of the petitioners that Sy. No. 163/9, measuring 1.49 acres belongs to the State Government on which presently the Zilla Panchayat Model Higher Primary School is located. Apart from school buildings, there is a playground, a stage and an Anganawadi Kendra. The said school is adjacent to National Highway No. 17. Out of the extent of 1.49 acres, 0.4623 acre of land has been acquired by the State Government for widening the National Highway and 1.02 acres remained in possession of the school. That there are seven buildings, wherein classes from standard one to standard seven are being held and that there is place for cultural activities and the remaining portion is used as a playground. That Tenka Grama Panchayat passed a resolution on 14-9-2011 to the effect that the Grama Panchayat Office should be constructed on the Western side of the playground of the school. As against the said resolution, some of the villagers had given representation dated 4-10-2011 to the Deputy Commissioner stating that 10 cents of land originally granted to the school cannot be permitted to be used by the Tenka Grama Panchayat for the purpose of construction of Panchayat Office. Similarly, a representation has also been given to the Assistant Commissioner, Kundapur. However, respondent 4 recommended that 10 cents of land be reserved for the Grama Panchayat and accordingly, proceedings in that regard have been held by the Zilla Panchayat by passing a resolution and subsequently, respondent 2-Assistant Commissioner has ordered that 10 cents of land could be utilised for construction of the office of the Grama Panchayat, which is assailed in the writ petitions.

(2.) Statement of objections has been filed on behalf of respondents 1, 2 and 4 contending that the construction of the panchayat building at the end of the playground of the school would in no way hamper the activities of the school. That if the Panchayat Office is constructed on the said land, it would be convenient to the general public. The School Development Management Committee has also consented to make available 10 cents of land for the Panchayat Office. Thereafter, the Assistant Commissioner has set apart the said land for the construction of the Panchayat Office exercising power under Section 71 of the Karnataka Land Revenue Act, 1964. That an extent of 1 acre 39 cents would still remain with the school for their activities. The school has only 50 students from standard one to standard seven. It is also contended that there is no illegality in passing the order dated 28-11-2012 vide Annexure-H and that there is no merit in the writ petitions.

(3.) We have heard the learned Counsel for the parties and perused the material on record.