GUNDAPPA Vs. DIVISIONAL COMMISSIONER GULBARGA DIVISION GULBARGA

JUDGEMENT

(1.) the petitioner is aggrieved by the action of the 3rd respondent in cancelling the licence granted in his favour for the construction of the building. The petitioner filed an application before the 2nd respondent-deputy commissioner under Section 306 of Karnataka Municipalities Act, 1964. The 2nd respondent entertained the same and by his order at Annexure-C held that the petitioner was in exclusive possession of the property from 1977-78 to 1984-85 and therefore the 3rd respondent-municipal council was in error in cancelling the licence granted in favour of the petitioner. Consequently, he allowed the petitioner's application and forwarded the matter to the government for confirmation as required under Section 306(2) of the act. The divisional commissioner, assuming jurisdiction under Section 306(2) of the Act, rescinded the order of the deputy commissioner and the said order is impugned in this writ petition as made without jurisdiction.

(2.) learned counsel for the petitioner submitted that the divisional commissioner had no power to sustain the resolution of the municipal council under Section 306(1) of the act. He further contended that under sub-section (2) of Section 306 of the act it shall be in the discretion of the government to rescind the order of the deputy commissioner or to direct that it shall continue in force with or without modification. He, therefore, contends that the divisional commissioner had no jurisdiction either to rescind, modify or confirm the order of the deputy commissioner and the impugned order is liable to be quashed.

(3.) Section 306 of the act reads as follows : "306. Deputy commissioner's power of suspending execution of orders, etc., of municipal councils :