SHIVAJI YALLAPPA WAGMODE v. HUBLI DHARWAD MUNICIPAL CORPORATION, HUBLI
2004-11-22
body2004
DigiLaw.ai
D. V SHYLENDRA KUMAR, J. ( 1 ) PETITIONERS have approached this Court praying for issue of a writ of mandamus in respect of a representation dated 26-2-2004 (copy at annexure-B) requesting the respondent-Hubli Dharwad Municipal corporation to grant certain extent of land said to be located in front of the petitioners' house, which it appears had been acquired way back in the year 1945 from the petitioners for the purpose of widening the road. It is averred that the purpose has not materialised so far and as the land remains vacant till date, petitioners have sought for allotment/reconveying the said land for better use of their property by the petitioners etc. The occasion for the petitioner to approach this Court is that in spite of such representation, the Commissioner has not passed any orders and therefore, a writ in the nature of mandamus is sought for from this Court. ( 2 ) LEARNED Counsel for the petitioners submits that the provision of section 176 of the Karnataka Municipal Corporations Act, 1976, enables the Commissioner to dispose of the property belonging to Corporation subject to complying with formalities therein, that in the instant case petitioners have represented even in the year 2002 for either reconveying the land or for leasing it in their favour. No action has been taken by the Commissioner and in the meanwhile certain third persons are trying to encroach upon the land and in the circumstances prays for issue of a writ of mandamus to the Commissioner to expedite passing orders on the representation of the petitioners. ( 3 ) SECTION 176 of the Act is not a provision, which confers any right in favour of the persons like the petitioners. Section 176 of the Act deals with the mode and manner of the property belonging to the Corporation and by the Commissioner depending upon the value of the property, certain procedural requirements such as the matter being brought to the notice of the Standing Counsel and the Government as the case may be and obtaining the permission is also envisaged therein. It is a provision where under the Commissioner is under a duty while disposing any immovable property of the Corporation to comply with the statutory requirements envisaged in this Section.
It is a provision where under the Commissioner is under a duty while disposing any immovable property of the Corporation to comply with the statutory requirements envisaged in this Section. A provision of this nature cannot be understood to be one conferring any rights in favour of persons like the petitioner, who perhaps might have represented to the commissioner praying for either release or re-conveyance or by any other mode, the property that has been acquired by the Corporation from the petitioners' forefathers. ( 4 ) IN the absence of a legal right and infraction of the legal right or any inaction on the part of the authority with a corresponding duty, and a mere representation does not entitle the petitioners for issue of a writ of mandamus. ( 5 ) WRIT as prayed for cannot be issued. Writ petition is dismissed. --- *** --- .