MALLIKARJUNA H V Vs. RAJARAM

JUDGEMENT

(1.) Petitioner is a resident of Michael Paly a; in Binnamangala Manavartha Kaval of Indiranagar, Bangalore-38. The said Michael Palya was situated within the jurisdiction of the Byappanahalli - village Group Panchayat (respondent-3, since substituted by Administrator after the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, came into force) (hereinafter referred to as the 'Act').

(2.) It is alleged that the 1st respondent Sri Rajaram has erected a house on the public Road obstructing through passage in respect of which complaints were made to the Assistant Commissioner, Bangalore Sub-Division, Bangplore-9, by the - Secretary of Byappanahalli village Group Panchayat, Bangalore South Taluk, Bangalore at beginning of the year 1981. That was treated by the Assistant Commissioner as an Appeal filed under Section 53 of the village Panchayat & Local Boards Act (since repealed by the 'Act'.

(3.) After hearing the arguments on both sides, the Assistant Commissioner came to the conclusion that the construction put up by the 1st respondent Sri Rajaram is illegal and without jurisdiction. Aggrieved by that order directing the removal of the said construction, Rajaram 1st respondent went up in Revision before the Karnataka Appellate Tribunal, Bangalore, in Revision Petition No. 27/ 1981. That Revision came to be allowed by the Tribunal, on the ground that the Assistant Commissioner did not have power to entertain the appeal under Section 53 of the Village Panchayat and Local Boards Act, 1959 Therefore, the present writ petition is filed under Articles 226 and 227 of the Constitution, inter alia, contending that the Assistant Commissioner had otherwise the power to direct certain mandatory duties for the performance by the Panchayat and therefore the power exercised by him is legal and with jurisdiction.