SHANMUKHAPPA FAKIRAPPA BALLOLI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The notification (marked Ext.-D) dated 26-1-1967 issued by the Divisional Commissioner, Belgaum, purporting to be under S.3(2) (b) of the Mysore Village Panchayats and Local Boards Act, 1959, (hereinafter referred to as the Act) that the Panchayat, Annigeri, has ceased to be a village, has been assailed in this petition.

(2.) Mr. S. G. Bhat, learned Counsel for the Petitioner, contended that the impugned notification was invalid on the following grounds.

(3.) In the present case, it is not disputed that such delegated power has been exercised by the Divisional Commissioner, Belgaum, within whose territorial jurisdiction Annigeri village lies. Hence, the contention that the delegated power is capable of being exercised by the Divisional Commissioner of another Division, is only academic. The reference to the Commissioner in the notification, Ext.-E, should, in our opinion, be construed as the Commissioner within whose territorial limits the area of the village in question, lies.