KARI GOWDA Vs. DIVISIONAL COMMISSIONER & ORS.

JUDGEMENT

(1.) The petitioner before me is the Village Panchayat Chairman of Chikkanavakanahalli, which is one of the village panchayats in K.R. Nagar Taluk. It is adjoining to Bellur group Village Panchayat. The State Govt. by Notification dated 23-6-1969 issued under Sec. 5 of the Karnataka Land Revenue Act constituted a new revenue village called Lakshmipura, including within its limits, a portion of the areas of Chikkanavakanahalli and Bellur village panchayats. Thereafter, the Divisional Commissioner took action under the Karnataka Village Panchayat and Local Boards Act, 1969 (shortly called 'the Act'). He issued a Notification dated 15-11-1972 under Sec. 3(2), excluding the area of the Lakshmipura village from the respective areas of the Chikkanaakanahalli and Bellur village panchayats. He issued another Notification dated 26-10-1973 under Sec. 3 (1) of the Act determining and declaring the remaining areas comprised in the Chikkanavakanahalli and Bellur village Panchayats as ''villages' under the Act. Similarly, he issued a further Notification on the same date determining and declaring the area comprised in the Lakshmipura village as 'village' under the Act. It is therefore seen that the Divl. Commr has determined declared the Lakhshimpura village and also the Chikkanavakanahalli and Bellur villages as 'villages' under the Act. Thus far the action taken by the Divl Commr was correct, but what he did next, is challenged before me.

(2.) The Divl Commr issued an Official Memorandum dated 27-12-1973 appointing the Chief Executive Officer, Taluk Development Board. K.R. Nagar, as the Administrator of the said three village panchayats untill Panchayats are constituted in accordance with the provisions of the Act. The contention of the petitioner is that that order was without authority of law.

(3.) The convention to the contrary urged by Sri Ramakrishna, High Court. Govt Pleader, that moment Lakshmipura vilage was constituted, the Chikkanayakanahalli and Ballur Panchayats have cease to operate has no force in the circumstances of the case.