GOPALAKRISHNA NELLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 1. In this writ petition, the petitioner has challenged the alienation made by the Municipality of Site No. 23A as it is referred to in the impugned order at Annexure-D to the petition.

(2.) Annexure-D is the order of the government dated 5th June 1983 according sanction to the alienation referred to therein.

(3.) The facts leading to this writ petition nay be stated and they are as follows: The area in question in Shimoga Town same under the control of Church of South India. The area which came under Church control was known as Mission Compound. With the permission of the Municipality, a lay out was formed and sites were formed. The petitioner purchased one such site among others. He purchased site No. 23. He has alleged that thereafter the Municipal Council took a decision as per resolution dated 31-7-1958 by which it was decided to sell the space lying between the main road and the sites purchased by some of the purchasers in the layout, so that they may have direct access to their sites from the main road. It is stated by the petitioner that some of the neighbouring site owners have been granted sites measuring 40 X 50 lying between the main road and their sites and they are enjoying the same. Petitioner made an application to the City Municipal Council, Shimoga, for the grant of site No. 23/A. The Municipal council decided to exchange for certain area belonging to one Panchak- shariah and another for the formation of a road the said site 23A adjoining the site purchased by the petitioner. In accordance with the requirement of Section 72(2) of the Karnataka Municipalities Act, permission was accorded by the government by its order dated 5th June 1981 to such an exchange. True copy of that order is at Annexure-D. The petitioner is thereby aggrieved and as such he has approached this court under Article 226 of the Constitution with the following prayer in the writ petition: That Annexure-D may be quashed by issue of a writ of certiorari and further a writ of mandamus be issued to respondents 1 and 2, the State of Karnataka and the Commissioner of the City Municipal Council, Shimoga, respectively to grant site No. 23/A measuring 47 X 60 in Mission Compound area to the petitioner at the price mentioned in the resolution of the Municipality dated 18-8-1977.