KRISHNA M Vs. DY COMMR BANGALORE

JUDGEMENT

(1.) The writ petition is directed against the order of the Deputy Commissioner, Bangalore Dist. Bangalore, dt. 14th June, 1979 purporting to be one made in exercise of his power under rule 6 of the Karnataka Village Panchayats (Acquisition of Moveable and Immoveable Property) Rules, 1960 (hereinafter referred to as 'the Rules')- The petitioners are the residents of Nagawara village and also members of the Nagavara Village Group Panchayat Committee at the time of filing of the petition. They are also members of the said Village Panchayat. The impugned order purports to give permission under rule 6 of the Rules to the Village Panchayat to alienate site measuring 75 feet X 33 feet in K. No. 67/1 of Nagawara Village to one V. Jayalakshmamma of that village at an up-set price of Rs. 1,500. The petitioners assail the impugned order on the sole ground that the Village Panchayat has not decided to alienate the site in favour of Jaya- lakshmamma, on the other hand, the Village Panchayat has specifically resolved to reject her application for grant of site for the reasons recorded by it in the three resolutions passed between 28-12-1977 and 13-3-1979. The resolution passed by the Village Panchayat on 28-12-1977 and on 13-3-1979 are produced at annexures A and B to the petition.

(2.) While the Deputy Commissioner, Bangalore Dist. and the Assistant Commissioner, Bangalore Sub Dvn. are respondents 1 and 2 respectively, Jayalakshmamma, the beneficiary under the impugned order is the 3rd respondent. Respondents 1 and 2 are represented by the Government Pleader and he has made available the records of the case. Sri H. Munivenkatappa learned Counsel for the 3rd respondent has presented the case for the 3rd respondent.

(3.) A statement of objections has been filed on behalf of respondents 1 and 2, In the statement of objections it is stated that the 3rd respondent presented a petition to the Hon'ble Minister for Panchayat Raj on 28-9-1977 stating that she had constructed a hut in the gramatana on a site measurins 33 feet x 77 feet and she was residing there since the last ten years and requested for grant of the land in question in her favour. That petition was sent down to the Block Development Officer, Bangalore N. Taluk for needful action. The Block Development Officer, in turn referred the matter to the Panchayat Extension Officer for enquiry and report. Ry report dt. 1-11-1977 the Panchayat Extension Officer made it known that the 3rd respondent had occupied the gramatana land and constructed a hut in which she was residing since 8 years and he also reported that the Village Panchayat had resolved that the Panchayat had no objection for grant of that land to Jayalakshmamma and recommended alienation of the land in question in favour of the 3rd respondent. Thereafter, the Assistant Commissioner (2nd respondent herein) by his letter dt. 27-11-1978 reported to the Deputy Commissioner that the applicant-3rd respondent had requested for sanction of Government land in Nagawara where she had already put up a hut and living and he visited the spot and recommended for grant of the site as per Rules. It is only thereafter that respondents 1-and 2 claim that the impugned order came to be passed fixing the price of the site at Rs. 1500. There is no other averment in the Writ Petition than the narration of the sequence of events culminating in the impugned order.