SANNA HUTCHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ appeal is presented by the appellant against, the order of the learned single Judge dismissing her writ petition in which she had challenged the order of the State Government confirming the order of the Deputy Commissioner made under S. 306 of the Karnataka Municipalities Act, 1964 (the Act for short) suspending the resolution of the Town Municipal Council, Turuvekere, dated 30 -4 -1957 by which a site was granted in favor of one T.K.Siddppa who sold the same in the year 1961 to the appellant.

(2.) THE facts of the case in brief are as follows : - - A site measuring 12' X 95' was granted to one Didapper by the resolution of the T.M.C., Turuvekere on 30 -4 -1957 at the rate of four annas (25 pause) per square yard (vide Annexure -A). Pursuant to the resolution, the value of the site payable by the said Didapper was calculated at Rest. 37/1 - and the said amount was remitted to the T.M.C., Turuvekere by T. K. Didapper, (AnnexureB). The chat of the site was also changed in -the name of T. K. Didapper on 3 -11 -1957. Since then the said Didapper had been paying tax in respect of the said site and the adjacent house to the T.M.C.

(3.) THE learned Judge was of the view that as the disposal of the site by the Municipal Council was in contravention of S. 38(2 ) of the Town Municipalities Act, 1951 which was then in force, suspension of the resolution under S. 306 of the Act, which was similar to S. 199 of the 1951 Act, was valid and accordingly he dismissed the writ petition. Aggrieved by the said order, the appellant has presented this writ appeal.