BABASAHEB AMBEDAKAR SEVA SAMTI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This petition is filed by the petitioner which is a society to quash the letter dtd. 28/6/2023 issued by the 1st respondent on the premise that it would effect its rights and it may be relieved of the valuable property.

(2.) The petitioner being the society registered under the Karnataka Societies Registration Act, 1960 (for short, 'the Act, 1960') carrying on the social work for the benefit of the society to develop the education and social standards among those people and accordingly applied for grant of property from respondent No.2 in the year 2014. The 1st respondent had granted an amount of Rs.50,00,000.00 for the construction of Dr. B.R.Ambedkar Bhavan in CTS No.1 of Ilkal belonging to respondent No.2 as per the order of Social Welfare Department, Government of Karnataka. In pursuance to that Dr.B.R.Ambedkar Bhavan was constructed and was completed in the year 2015 in the very same property i.e., CTS No.1 on receipt of the special grant made by respondent No.1. Respondent No.2 by virtue of its resolution No.162 and general body meeting has resolved to handover the said Dr. B.R.Ambedkar Bhavan for the maintenance and managing to the petitioner's/society. Thereafter, the society requested the 2nd respondent to issue NOC for securing electricity supply and the same was issued by respondent No.2. On the same day, respondent No.2 issued an order to the petitioner to handover the Dr. B.R.Ambedkar Bhavan for maintenance and management. Pursuant to handing over, petitioner/society is running the management of Dr.B.R.Ambekdar Bhavan without any interference from 2016.

(3.) This being the facts of the case, on 28/6/2023 respondent No.1 issued a letter to respondent No.2 to maintain the Community Hall/Samudaya Bhavana in accordance to provisions of Sec. 72 and related provisions of the Karnataka Municipalities Act, 1964. The said letter is an internal communication between respondent Nos.1 and 2 is to fix the rent rates in accordance with the rules and to fix the rent by public auction and to entrust such community halls to maintain with suitable conditions by collecting the funds to the local bodies. It is apprehension of the petitioner that by virtue of this letter at Annexure-F, the 2nd respondent may call for tenders from eligible tenderers and grant the management of Dr.B.R.Ambedkar Bhavan which is managed by the petitioner/society to any other society or organization. It is the contention of learned counsel for the petitioner/society that as it has constructed the said building by spending huge amount pursuant to the grant and financial aid given by the 1st respondent and also from various general public to run the building Dr.B.R.Ambedkar Bhavan.