MANCHEGOWDA Vs. DIVISIONAL COMMR MYSORE

JUDGEMENT

(1.) Tn this petition under Article 226 of the Constitution, the petitioners who are the residents of Anasasalu village, which forms part of the Village Panchayat, Chikkaballi, have challenged the validity of the order passed by the Divisional Commissioner, Mysore Division, Mysore, dated 6-11-1974, The, petitioners have also prayed for a writ in the nature of mandamus directing the 2nd respondent-Village Panchayat Committee, to forbear from giving effect to the resolution, dated 1-7-1973, 2.12.1973 and 20.9-1974 and also the order of the Divisional Commissioner, dated 6-11-1974. The petitioners have also sought for a writ of mandamus directing the 2nd respondent to form a lay out in the land in question acquired for that purpose in consultation with the Town Planning Department and then to allot the sites.

(2.) Sri Mohandas N. Hegde, the learned Counsel appearing for the petitioners, put forth the following contentions:

(3.) The necessary facts for deciding the contertions raised by Sri Mohandas N.Hegde, the learned Counsel for the petitioners, are as follows: At the instance of the 2nd respondent- Village Panchayat Committee, the land measuring 5 acres 20 guntas situated in the village of Anasasalu came to be acquired by the State Government for the purpose of formation of sites and allotting the same to the residents of the village For the purpose of acquiring the said land, the Panchayat Committee collected funds from soveral persons, who were in heed of the sites. It is not in dispute that from the funds so collected, the cost of the acquisition has been met. After the possession of the land was given to the Village Panchayat Committee it formed a lay out of 76 sites and thereafter, it passed a resolution -lated 1-7-1973 allotting 41 sites to different persons. Subsequently, the said resolution came to be cancelled by passing another resolution dated 2-12-1978 allotting sites to 69 persons, out of 76 sites which were formel. This is resolution came to be challenged before the concerned Assistant Commissioner on the ground that the Panchayat Committee was not competent to pass the resolution dated 2-12-I973 cancelling the earlier resolution before the expiry of the period of six months as per S. 38 of the Karnataka Village Panchayats and Local Boards Act, 1959. The Assistant Commissioner, though went into the merts of the matter and found that there was nothing wrong in the allotment made by the subsequent resolution dated 2-12-1973; set aside the resolution dated 2-12-1973 on the ground that it was not permissible in law for the Panchayat Committee to modify its earlier resolution dated 1-7-1973 before the expiry of the period of six months. After this, the Panchayat Committee took up the matter once again and passed a resolution dated 23-9-1974 annulling the previous resolution dated 1-7-1973 and allotting Bites to certain other persons who had applied for the sites and who were in need of the same. This resolution was sent to the Divisional Commissioner for approval under Rule 6 of the Mysore Panchayats (Acquisition and Transfer of Moveable and Immoveable Property) Rules, 196P (hereinafter referred to as 'the Rules'). The Divisional Commissioner, as already stated, passed an order dated 6-11-1974 approving the allotment. Thereafter, it is not in dispute that the Panchayat Committee passed another resolution dated 23-9-1974 deciding to transfer the sites to the allottees as approved by the Divisional Commissioner and to execute the title deeds.