ABDUL AYUB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS PIL is filed seeking for quashing of the proceeding dated 28.2.2009 passed by the third respondent in the writ petition-Assistant Commissioner, Mangalore sub-Division, Mangalore reserving 1.20 acres of land in Sy.No.31/1B of Kairangala village, Bantawal Taluk for the purpose of construction of higher primary school by Dakshina Kannada Zilla Panchayat.

(2.) IT is averred in the petition that the impugned order reserving 1.20 acres of land in Sy.No.31/1B of Kairangala village, Bantwal Taluk for the construction of school building is clearly erroneous as there are no students in the school and there are already two schools in the neighbouring villages. IT is averred that there is already a school in Nadupadau village which is an aided school and there was no necessity of having a school in Kairangala village and therefore, the impugned order is liable to be set aside.

(3.) ON the other hand, learned Government Advocate submitted that the land is earmarked for the construction of the school building by the Dakshina Kannada Zilla Panchayat and there is no other school in Kairangala village and school situated at the neighbouring village is at a distance of 2 kms from Kairangala village and there is no merit in the writ petition and the same is liable to be dismissed.