SHIRALAKOPPA MANDAL PANCHAYAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This matter coming up for orders on I.A. I. to vacate stay, the main petition itself is taken up for final hearing by consent of counsel for parties; arguments have been heard and the matter is disposed of by the following order. Writ petitioner is Shiralakoppa Mandal Panchayat. It is aggrieved by the order dated 20-5-1989 of the 2nd respondent-Zilla Parishad, Shimoga purporting to be one made in exercise of its power under Section 270 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (in short 'the Act'). Therefore, the present writ petition seeking to quash the said order as at Annexure-C as being one without jurisdiction and contrary to the provisions of the Act.

(2.) The facts leading to the petition briefly stated are as follows: Third rcspondent-M/s. M.N. Pickle Industries applied to the petitioner-Mandal Panchayat for grant of licence to start a pickle industry within the limits of Mandal Panchayat. That application came to be considered at the meeting held on 31-1-1989 at 4 p.m. in the office of the Mandal Panchayat as evidenced by Annexure-B to the petition which is a true copy proceedings of the Mandal Panchayat. The Mandal Panchayat rejected the application for grant of licence inter alia on the ground that the proposed factory has been erected on encroached ground which belongs to the Mandal Panchayat and the matter was subject matter of litigation in Court and till that was decided in the Court, question of granting licence would not arise. Against the said resolution rejecting the licence, an appeal was filed by the 3rd respondent - Pickle Industries to the Zilla Parishad. It is in that appeal the impugned order as at Annexure-C is passed suspending the resolution of the Mandal Panchayat as well as directing the Mandal Panchayat to issue the licence to the 3rd respondent. It is also clear from the endorsement in the impugned order forwarding the order to the Government for further action that the Deputy Secretary, Development of Zilla Parishad, Shimoga is under the impression that he has exercised his power under Section 270(2) of the Karnataka Zilla Parishads Act. Therefore, the present writ petition by the Mandal Panchayat.

(3.) Sections 63, 64, 65, 66, 67, 68 and 69 of the Act deal with some of the duties and functions of the Mandal Panchayat in the matter of grant of permission to construct factories, grant of licence, control of hotels, prohibition of offensive or dangerous trade without licence, licensing of shops etc. Section 66 specifically provide for permission for the constructions of factories and the installation of machinery. It is as follows: