V CHIKKAVEEEAYYA Vs. TOWN MUNICIPAL COUNCIL TUMKUR

JUDGEMENT

(1.) This petition under Art.226 of the Constitution, is presented by a member of the Town Municipal Council, Tunkur (hereinafter referred to as the Muncipal Council), ana two other residents of Tumkur Town. Their grievance is in regard to disposal of two plots of land in an area which had been granted by the Government to the Municipal Council. They have assailed the order of the Assistant Commissioner, Tumkur, granting those two plots or and to respondents 3 ana 4 and tney have also assailed certain orders of tne Deputy Commissioner,- Tumkur, in respect or those two plots.

(2.) By its order dated 22-7-1941, the Government granted to the Municipal Council an area of land measuring 22 acres and 14 guntas, within the limits of Tumkur Town for the purpose ot formation of a park. That order contained a condition that it that land was converted for any other purpose, the Government would resume the land. Out of that land some plots had been given to individuals and institutions for construction of buildings. On 12-9-1968, the Asst. Commissioner, Tumkur Sub-Division, made an order granting two plots measuring two guntas each to respondents 3 and 4 at upset prices. It would appear that an officer of the Municipal Council issued a license to respondent 3 to build a house on the plot so granted to him. The Municipal Council passed a lesolution and issued a notice to respondent 3 to show cause why that license should not be cancelled. The Deputy Commissioner, Tumkur District, made an order under S.306 of the Mysore Municipalities Act, 1964, suspending the aforesaid resolution of the Municipal Council and issued a notice to the Municipal Council to show cause why the land granted to it by the Government should not be resumed to the Government for violation of the conditions of the grant.

(3.) The Municipal Council filed a petition, W.P.No.2889 of 1970, praynig for quashing the aforesaid order of the Assistant Commissioner and for certain other reliefs. Later, the Municipal Council passed a resolution on 14-10-1970 that the aforesaid writ petition should be withdrawn and later withdrew the writ petition. The present petitioner filed a petition, WP. No.4145 of 1970, challenging the aforesaid resolution ot the Municipal Council dt. 14-10-1970 and that petition came to be dismissed by this Court.