DURGAPPA HANUMAPPA PUJARI Vs. TOWN MUNICIPAL COUNCIL GANGAVATHI

JUDGEMENT

(1.) THE petitioners are all residents of Gangavathi Town. Town Municipal Council Gangavati is the Local Authority functioning under the Karnataka Municipalities Act, 1964 for that Town. All the petitioners own large number of pigs. As stated in the petition the first petitioner owns about 700 pigs, and the second petitioner owns about 600 pigs and the 3rd petitioner owns about 2000 prgs. me petitioners are aggrieved by the proposal of the Town Municipal Council to auction the right of collecting the pigdung dropped by the pigs belonging to the petitioners in the Municipal area. THE contention of the petitioners is that the pigs are their property and consequently the dung dropped by the pigs belonging to them is also their property and consequently the right to collect such pig-dung is their fundamental right and the Municipal Council is making an unjust encroachment on the said fundamental right of the petitioners by auctioning the right to collect the pig-dung dropped in the Municipal area. THE contention on behalf of the Municipal Council is that the dung dropped by the pigs on the area belonging to the Municipal Council forms the property of the Municipal Council in view of Sec. 81(2) (c) of the Act. THE said provision reads as follows;