GURUVETRA MADIVALA MACHIDEVA SANGHA Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 28-3-1984 bearing No. MUN (4) CR. 514,83-84 passed by the Divisional Commissioner, Bangalore Division, Bangalore produced as Annexure'H'. The petitioner has also sought for quashing the order dated 29-9-1983 passed by the 2nd respondent-Deputy Commissioner, shimoga, bearing No. MUM (1) CR. 490/ 82-83, produced as Anncxure 'F'.

(2.) The fourth respondent has filed an application under Section 306 of the Karnataka Municipalities Act 1964 (herein after referred to as the Act), against the Resolution No. MUN (4) CR. 514/83-84 dated 29-3-1984 passed by the third respondent granting a sile to the petitioner-Guruveera Madivala Machideva Sanga. Though respondent no. 3 has not been served in the petition it appears to me that this petition need not wait for the service of the 3rd respondent having regard to the nature of the order that is required to be passed in this case.

(3.) The Deputy Commissioner by the impugned order dated 29-9-1983 (Annexure 'F') in exercise of his power under Section 306 (1) of the Act has suspended the resolution of the 3rd respondent on coming to the conclusion that it is required to be set aside. The petitioner has challanged the afore said order in Revision before the Divisional Commissioner (first respondent), who by the impugned order dated 29th March, 1984 has affirmed the order passed by the Deputy Commissioner.