PAMPAPATHI S. KARAMADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner, the learned AGA appearing for the first, third and fourth respondents, the learned counsel appearing for the second respondent and learned counsel appearing for the sixth respondent.

(2.) The lands, subject matter of this writ petition, is having an area of 7600 Sq.Ft., which is out of the Kittur Channamma Park at Dharwad City. The second respondent is the Commissioner of Hubli ? Dharwad Municipal Corporation, which was established under the Bombay Provincial Corporations Act, 1949, which is now governed by the Karnataka Municipal Corporation Act of 1976 (for short 'the said Act of 1976'). A resolution was passed by the Standing Committee of the said Municipal Corporation on 19th July 1967, by which it was resolved to grant lease of the schedule land to the 6th respondent ? Rotary Club, Dharwad with a condition that the land should be used exclusively for the construction of a Children's Library and a Children's Theatre. The land was granted on lease for a period of 99 years. The annual rent was fixed at Rs.25/-.

(3.) The grievance made in this petition is that instead of using the subject land exclusively for the Children's Library and Children's Theatre for the benefit and enjoyment of the children, the 6th respondent has constructed a school on the said land in breach of the terms and conditions of the allotment. The petitioner is relying upon the show cause notice dated 10th August 2018 issued by the 2nd respondent calling upon the 6th respondent to show cause as to why the land, subject matter of the lease, shall not be resumed.