G C RAJASHEKAR Vs. NAYAKANA HATTI MANDAL PANCHAYAT

JUDGEMENT

(1.) Petitioner is aggrieved by the announcement of a public auction of the site situated within the jurisdiction of Nayakanahatti Mandal Panchayat in Challakere Taluk in Chitradurga District. He has alleged that he has acquired right to use the site now proposed to be auctioned by the Mandal Panchayat as an access to his house. He, therefore, contends that the land does not belong to the Mandal Panchayat, but belongs to the Government and as such the Mandal Panchayat cannot auction the same. He also contends that the Mandal Panchayat cannot auction the land in violation of Section 62 of the Act.

(2.) Section 62 of the Act requires prior sanction of the Government before the Mandal Panchayat could dispose of its immovable properties. As the land does not belong to the Mandal Panchayat, as asserted by the petitioner. Section 62 of the Act is not attracted. If the land is auctioned, the buyer acquires no right and the petitioner cannot be said to be aggrieved thereby. If the petitioner himself is aggrieved and his right acquired in Government land is affected by the same, then he should establish the right he has acquired in a Civil Court of competent jurisdiction and seek all reliefs there.

(3.) Subject to the above observations, this petition is dismissed as ill-conceived and not maintainable as the petitioner has no locus-standi. Writ petition dismissed.