GOKHALE EDUCATIONAL SOCIETY Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The petitioners have challenged the notice dated 08.08.2017 issued by respondent No. 1. The 1st petitioner is the society and the 2nd petitioner is the Secretary of the 1st petitioner-society. It transpires that, the petitioners are running the education institution in the name of Bhagatsingh Higher and Primary School, Humnabad. Accordingly, the petitioners are constructing the school to impart education to the students of Humnabad. In furtherance of the same, the required permission from the office of the Town Municipal Council and other concerned authorities is obtained by the petitioners as contended. The respondent No. 1 issued a notice dated 08.08.2017, calling upon the 2nd petitioner to appear before him on 18.08.2017, for an enquiry in respect of violation of approved building permission of ground floor and illegal construction of the 1st and 2nd floor and purchase of plots in the IDSMT layout bearing plot Nos. 175, 176, 177, 178, 187, 188, 189, 190, 191, 192 in Sl. No. 207 except plot No. 188 from houseless and site less persons by Sri. Ankush i.e. the 2nd petitioner. Being aggrieved by the said notice, the petitioners are before this Court.

(2.) The learned counsel Sri. Shivamanithan S., appearing for the petitioners submits that the notice issued by the respondent No. 1 is without jurisdiction. Hence, the same is illegal. The construction of building falls with the domain of the Town Municipal Council or the Deputy Commissioner. The petitioner has purchased the lands from the legal owners for a reasonable consideration and further obtained necessary permission from the various authorities to setup English Medium school for Class 1 to Class 10. With a mala fide intention, respondent No. 1 has issued the impugned notice without the authority of law. Hence, seeks for quashing of the said notice.

(3.) The learned Additional Government Advocate appearing for respondent Nos. 1 and 2 would submit that the Government of Karnataka by notification dated 07.02.2014, has delegated the powers conferred by sub-sections (1) and (2) of Section 321 and sub-sections (2) and (3) of Section 388 of the Karnataka Municipalities Act, 1964, whereby, under Section 306(1) of the Act, the power vested with the Town Municipal Council-Assistant Commissioner is delegated to the Assistant Commissioner. In view of the said notification, respondent No. 1 has exercised the power in issuing the notice impugned herein.