G P BANAWALIKAB Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioners in these petitions are different but the order impugned is common. Therefore, these petitions are dispqsed of by the following order.

(2.) The petitioners are all residents within the jurisdiction of the Notified Area Committee Dandeli (hereinafter called 'the committee'). The Committee is governed by the provisions of the Karnataka Municipalities Act, 1964 (hereinafter called the Act'). The Committee had same proposal to lease out certain sites on a long term basis and it approached the Govt for period sanction as required under S.72(2) of the Act. The State Govt, by their order d| .6-10-1969 gave their approval for leasing the sites for a period' of 9'9 years, while asKing the committee to impose some conditions on the grantees. Pursuant thereto, the Committee granted sites Nos.32 and 33 in favour of the petitioners in WP.3245 of 1973. It is said that the grantees did not observe the conditions of the grant; so the committee called upon them to show causa why the sites should not be resumed. On 26-4-1971 the Committee resumed the sites from the possession of the petitioners and which were again leased on 20-5-1972 in favour of the petitioners in WPs.2253 and 2320 of 1973.

(3.) The petitioners in WP.3245 of 1973 aggrieved by the action taken by then Committee, approached the Govt in a revision petition, presumably under S.322 of the Act. The Govt dismissed the said revision petition, but made a further order cancelling the lease granted to the petitioners in WP.2253 and 2320 of 1973. The Govt was of the opinion that the second lease was illegal and the sites should be sold at public auction.