Channamma v. Executive Officer, Taluk Panchayath Samithi
2006-01-18
RAM MOHAN REDDY
body2006
DigiLaw.ai
ORDER 1. The dispute brought before this Court lies in a narrow compass. While it is the claim of the petitioners that they are absolute owners of a certain immovable property falling within the territorial limits of Nagavara Gram Panchayat of Channapatna Taluk-the 2nd respondent, it is the case of the 1st respondent-Executive Officer of the Taluka Panchayat Samiti, Channapatna the said property belongs to the 2nd respondent, Gram Panchayat. Exercising powers under Section 157 of the Karnataka Panchayat Raj Act, 1993 (for short the Act), at the instance of 3rd and 4th respondents, the 1st respondent is said to have passed the order dt. 13-11-2002, Annexure-1, directing the petitioners to hand over the possession of the said immovable property. 2. A plain reading of Section 157 of the Act one can easily comprehend that the Executive Officer is empowered to requisition the records and other properties pertaining to the Gram Panchayat in the possession of every person, and direct that person to hand over the properties to the Panchayat. In the instant case, there is a dispute between the petitioners on the one hand and the respondents on the other hand, laying rival claims to the immovable property in question. Civil rights of parties in question in the face of such a dispute, it cannot be said that the petitioners are in possession of property belonging to the Gram Panchayat, until and unless the dispute is adjudicated upon and a final decision is arrived at. In the circumstances it is trite that the 1st respondent could not have exercised jurisdiction under Section 157 of the Act, to direct the petitioners to hand over possession of the said property. 3. Section 211 of the Act provides that every claim to properties by or against the Gram Panchayat or on behalf of the Gram Panchayat or by any person as against the Gram Panchayat, it is lawful for the Asst. Commissioner to hold an enquiry and after due notice to the parties concerned, decide the claim, by an order. If respondents 3 and 4, the complainants, desire to protect the properties of the Gram Panchayat, it is open for them to petition the 1st respondent, to invoke the provisions of Section 211 of the Act, so as to secure a decision on the claims of the petitioner vis-a-vis the Gram Panchayat, in respect of the property in question. 4.
If respondents 3 and 4, the complainants, desire to protect the properties of the Gram Panchayat, it is open for them to petition the 1st respondent, to invoke the provisions of Section 211 of the Act, so as to secure a decision on the claims of the petitioner vis-a-vis the Gram Panchayat, in respect of the property in question. 4. In the circumstances, the writ petition is allowed in part. The order dt. 13-11-2002 passed in case No. 198-00-01 by the 1st respondent at Annexure-L is quashed. The relief to declare that the 1st respondent has no authority to proceed as per Annexure-L, does not arise in view of quashing of the impugned order. 5. The file that was produced before the Court on 2-1-2006 is directed to be handed over to the learned counsel for respondents 1 and 2 under acknowledgment. 6. Petition allowed.