GANGADHARAYYA Vs. BASAPPA

JUDGEMENT

(1.) application for early hearing has been listed before me. It is allowed. Parties are called upon to argue the matter immediately because it is a very old case of 1987. Hence, it is taken up for final disposal.

(2.) by this petition, petitioner has sought for a relief by issuance of writ of certiorari or writ Order or direction in the nature of writ of certiorari quashing the Order dated 22-10-1986 passed by the divisional commissioner, belgaum division, belgaum in revision no mun. D.ra. 1/86-87 annexed as Annexure 'c' to the writ petition. Petitioner has further prayed for grant of any further or other relief which this Hon'ble court deems fit under the circumstances of the case.

(3.) the facts of the case in brief are that the site in dispute having an area of 10' x 60' on gandhi road by the side of cts No. 1126 at haven is owned by the town municipal council, haveri. In the year 1967, an application was made by one Sri P.S.Hiremath, the father of the present petitioner who applied to the town municipal council, for grant of that site on lease basis or on the basis of outright sale as the town municipal council thought it proper. By resolution No. 54 dated 7-10-1967, the town municipal council, initially rejected the request taking the view that the site is necessary for town municipal council for its future requirements. But later on, on june 29, 1976, the tmc, haveri, passed another resolution retaining the ownership of the land referred to above, providing that the said land shall be leased out for public functions only. In the year 1978, the present petitioner made another request to tmc to grant the above site and by resolution dated 28th march, 1978, the tmc was pleased to consider the request of the petitioner and resolved to grant the site in question to the petitioner gangadharayya hiremath on payment of occupancy price at the rate of Rs. 9.22 per sq. Yd, and to send the proposal to the deputy commissioner after getting the occupancy price credited by the grantee. The present respondents 1 and 2 preferred a revision challenging the resolution dated 28th march, 1978 passed by the town municipal council referred to above, in the court of deputy commissioner, dharwad vide revision petition dated 14-6-1978. During the pendency of the revision of the present respondents 1 and 2, municipal council again reconsidered the matter and passed another resolution dated february 22, 1980 to move the deputy commissioner to cancel the earlier resolution dated 28-3-1978 as the municipal council again thought in its revised resolution that the land was suitable for being used for public purpose and sent a copy of that resolution to the deputy commissioner, dharwad. Thereafter, the deputy commissioner inspected the site and passed an Order on 27-11-1980 to the effect as per that the relevant paras thereof of which reads as under: