12TH HEGGUNJE GRAMA PANCHAYATH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The present Writ Petition has been filed by the petitioner 12th Heggunje Grama Panchayath, in this Court on 31.1.2014 challenging the order dated 29.1.2014 vide Annexure-G, passed by the respondent No.3 Adhyaksha, Udupi Taluk Panchayat, Udupi suspending the Resolutions passed by the petitioner- Grama Panchayat for securing the revenue generated out of the public auction of temporary stalls and shops to be set up in the religious festival to be held in the month of February every year by the respondent No.5 Sri Durgaparameshwari Temple.

(2.) The contention raised on behalf of the petitioner Grama Panchayath is that whatever land of about 2.00 acres is available for the said purpose is of the Temple but its surrounding land beyond its titled land, does not belong to the respondent No.5 Temple Trust and therefore the Temple Trust is entitled to the revenue generated in the public auction of temporary stalls and shops only to the limited extent of its titled land, but the revenue out of the public auction for temporary stalls on the remaining land, i.e. outside the said limits of its titled land, such excess revenue should go to the petitioner Grama Panchayat, because the land belongs to Grama Panchayat.

(3.) Mr.Ajith Anand Shetty, the learned counsel for the petitioner Grama Panchayat has submitted that the Resolutions of the Gram Panchayath were passed to this effect only to ensure that such revenue from such auction is secured for the petitioner-Grama Panchayat, but the respondent No.3 Adhyaksha, Udupi Taluk Panchayat, by his impugned order, Annexure-G dated 29.1.2014 had suspended the said Resolutions by exercise of his powers under Section 237 (1) of the Karnataka Panchayat Raj Act, 1993, which empowered the Adhyaksha of Taluk Panchayat to suspend the Resolution of the Grama Panchayat, which is unjust, unlawful or improper or is causing or is likely to cause injury or annoyance to the public leading to the breach of peace. He submitted that the impugned order was illegal and therefore, the same was challenged by the petitioner-Grama Panchayat before this Court.