MUDDEGOWDA & ORS Vs. DIVISIONAL COMMISSIONER & ORS

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioners halve challenged the validity of 3 Notifications bearing they same number two o; the same date and another dated 4-4-1979 (Exts. A, B and E).

(2.) In Notification No. VPC-2-G/MSC/1/288/65-66 dated 8.1.1968 published in the Mysore Gazette (Extry) dated 17-1-1978, the Divisional Commissioner, Mysore Div., Mysore, (hereinafter referred to as. 'the Commissioner') exercising the powers conferred on him by Sec. 3 of the Karnataka Village Panchayats and Local Boards Act, 1959 (hereinafter referred to as 'the 1959 Act') inter-alia determined 3 group Village Panchayats called as Shivalli, Goravale and H. Malligere consisting of the villages detailed as under:- <FRM>JUDGEMENT_28_LAWS(KAR)6_19791.htm</FRM>

(3.) Evidently having regard to the above orders of this Court, the Commissioner who was free to redetermine the Group Panchayat of Shivalli issued two Noltifications bearing the same number and date, (Exts. A and B). In the first Notification (Ext. A), the Commissioner declared that Goravale village notified as a separate Village Panchayat in pursuance of certain orders of this Court, shall cease to be a village with immediate effect. Shri Mohandas Hegde, learned counsel for the petitioners, fairly stated that there is no merit in the challenge of the petitioners against this Notification and the same is liable to be rejected for which reason the question of determining its validity does not arise. By another Notification of the same date, the Commissioner, in exercise of the power conferred on him by Rule 6 (1) and (2) of the Karnataka Village Panchayats Declaration of Villages (Procedui e) Rule, 1959 (hereinafter referreid to as the Rules), proposed to declare the villages mentioned in the Annexure to that Notification as a Group Village Panchayat under the Act and called for objections and suggestions thereto. The said Notification reads thus: