CITY MUNICIPAL COUNCIL MANDYA Vs. STATE OF MYSORE

JUDGEMENT

(1.) Petitioner is the City Municipal Council, Mandya, which I shall call it as 'the Council'. Respondent 1 is the State of Mysore. The State by the order impugned in this writ petition, directed the Council to hand over possession of the Municipal sites Nos.6 & 7 situate at Mandya town to respondant 3. It is the contention of the Council that the State Govt. have no authority to compel it to part with the possession of- the said sites. The validity of the contention requires to be determined on the following facts:

(2.) Respondent 3 was originally the owner of 11 guntas of land in S. No. 1999 at Mandya Town. The Council wanted that land and so at its request, respondent 3 transferred the same by a deed of conveyance dt. 5-12-1964 for no consideration. Instead, it is said that it was greed that the Council should grant a building site in favour of respondent 3. Accordingly by a Resolution dt.9-2-1966 a site bearing No. 17 at Mandya Town was granted free of cost to respondent 3 and he was also put in possession of the said site.

(3.) In the year 1970 there was a further request from respondent 3. He asked for some more land in consideration of the land transferred by him by the deed dt.5-12-1964. The Council acceded to his, request and by its Resolution dt.3-10-1970 resolved that sites Nos.6 & 7 shall be granted to him. As usual the Chief Officer of the Council by his letter dt.2&h June, 1970 requested the Dy. Commr. to obtain the previous approval of the Govt. for the said sanction of the sites as required under S.72(2) of the Karnataka Municipalities Act 1964, hereinafter called the Act. On the said request, the Govt. by their order dt.7-4-1971 accorded their approval for the grant of sites Nog.6 & 7 in favour of respondent 3.