12th Heggunje Grama Panchayath vs The Deputy Commissioner & Ors.

The present Writ Petition has been filed by the petitioner - 12th Heggunje Grama Panchayath, in this Court on 31.1.2014 challenging the order

dated 29.1.2014 vide Annexure-G, passed by the respondent No.3 - Adhyaksha, Udupi Taluk Panchayat, Udupi suspending the Resolutions

passed by the petitioner- Grama Panchayat for securing the revenue generated out of the public auction of temporary stalls and shops to be set up

in the religious festival to be held in the month of February every year by the respondent No.5 - Sri Durgaparameshwari Temple.

The contention raised on behalf of the petitioner - Grama Panchayath is that whatever land of about 2.00 acres is available for the said purpose

is of the Temple but its surrounding land beyond its titled land, does not belong to the respondent No.5 - Temple Trust and therefore the Temple

Trust is entitled to the revenue generated in the public auction of temporary stalls and shops only to the limited extent of its titled land, but the

revenue out of the public auction for temporary stalls on the remaining land, i.e. outside the said limits of its titled land, such excess revenue should

go to the petitioner - Grama Panchayat, because the land belongs to Grama Panchayat.

Mr.Ajith Anand Shetty, the learned counsel for the petitioner - Grama Panchayat has submitted that the Resolutions of the Gram Panchayath

were passed to this effect only to ensure that such revenue from such auction is secured for the petitioner-Grama Panchayat, but the respondent

No.3 - Adhyaksha, Udupi Taluk Panchayat, by his impugned order, Annexure-G dated 29.1.2014 had suspended the said Resolutions by

exercise of his powers under Section 237 (1) of the Karnataka Panchayat Raj Act, 1993, which empowered the Adhyaksha of Taluk Panchayat

to suspend the Resolution of the Grama Panchayat, which is unjust, unlawful or improper or is causing or is likely to cause injury or annoyance to

the public leading to the breach of peace. He submitted that the impugned order was illegal and therefore, the same was challenged by the

petitioner-Grama Panchayat before this Court.

The learned counsel for the petitioner further informed the Court that under the interim order dated 5.2.2014 granted by the Coordinate Bench

of this Court for the last four years, since 2014 till 2017, while the revenue out of such auctions have been given to the Temple to the extent of land

belonging to them but the surplus revenue under the auction held by the Assistant Commissioner have been deposited with the Registry of this

Court under the said interim order dated 5.2.2014 passed by the Coordinate Bench of this Court. He submits that the average revenue belonging

to the petitioner - Grama Panchayt is in the range of Rs.1.20 to 1.50 lakhs every year, which should be released to the petitioner Grama

Panchayat.

The learned counsel for the respondent No.5 - Temple Trust, Mr.Jayanth Poojary, submitted that the impugned order dated 29.1.2014 passed

by the Adhyaksha of Taluk Panchayat, Udupi is the interim order and the matter is pending before the concerned Zilla Panchayat, Udupi, which is

seized of the matter.

Having heard the learned counsels for the parties, this Court is of the opinion that the Resolutions passed by the petitioner - Grama Panchayat,

which was impugned by the respondent No.5 - Temple Trust before the Adhyaksha of Taluk Panchayat, Udupi, cannot be said to be unjust,

unlawful or prejudicial to the interests of public in any manner. The tenor of the said Resolutions passed by the petitioner-Grama Panchayat was to

secure the due revenue from such public auctions conducted by the respondent No.5 - Temple Trust, but if the shops allotted by them were

beyond the limits of their title lands of the Temple and such outside lands definitely belonged to the Grama Panchayat, they were entitled to secure

the revenue generated on the ground of such licence or temporary allotment of shops to various persons to Grama Panchayat itself and such

Resolutions to sub-serve the revenue interest of the Grama Panchayat, could not be said to be unlawful or unjust in any manner.

The impugned order passed by the Adhyaksha of Taluk Panchayat, Udupi, even though interim order under Section 237 of the Act, therefore,

is ex-facie and deserves to be quashed and the same is accordingly quashed. The matter pending before the Zilla Panchayat would also thus

rendered infructuous and shall stand disposed of accordingly.

However, since the forthcoming season of the auction of such shops in the near future in the month of February is drawing close and this revenue

sharing issue has to be settled for future also, appropriate orders for that purpose deserve to be passed by this Court. Accordingly, it was

suggested to the learned counsels of both sides and they fairly agreed to it that the auction of such public shops or stalls from now onwards be

conducted by the respondent No.5 - Temple Trust under the supervision of the concerned Assistant Commissioner of Udupi and the entire

revenue generated by such auction of stalls and shops in the festival held by the Temple Trust in the month of February be divided between the

petitioner - Grama Panchayat and the respondent No.5 - Temple Trust depending upon the respective areas owned by them. It goes without

saying that the respondent No.5 - Temple Trust would be entitled to such revenue only to the extent of land actually owned by them.

However, for facilitating the festival, if the shops are allotted beyond the title lands of the Temple Trust, the revenue generated by such auction to

the extent of shops allotted beyond the title of land of the Temple will go to the petitioner - Grama Panchayat. For determining the said allocation

of area and revenue generated by public auction, the Assistant Commissioner is directed to go only by the title of the respondent No.5 - Temple

Trust and not by any past practice or convention in this regard. Further, the said Authority will also decide the place and location for allotment of

stalls or shops, keeping in mind the public safety, hygiene, etc., where such shops can be allotted and also keeping in mind the fact that the shops in

question are on both sides of the State Highway in the said area near the said Temple, therefore, the safe distance from the centre of the Road for

that purpose may be maintained and it is for the Assistant Commissioner to pass appropriate orders in this regard determining the exact location of

shops to be allocated in the public auction for the aforesaid purpose. This practice can be followed annually for the said purpose.

The Assistant Commissioner, Udupi is therefore directed to hold such public auction after passing appropriate orders in this regard after

hearing the representatives of both, the petitioner-Grama Panchayat and the respondent No.5-Temple Trust, within a period of two weeks from

today, after hearing both the parties in the first instance on 23.1.2018, such order shall be passed determining the place for shops, the extent of title

land of the respondent No.5 - Temple Trust and the ratio of revenue sharing by both the parties on or before 31.1.2018. After such auction is

conducted and revenue sharing process is completed by the Assistant Commissioner, a Report to the said effect may be furnished to this Court

before end of February 2018.

The amount lying in deposit with the Registry of this Court under the interim order dated 5.2.2014 passed by the Coordinate Bench of this

Court, with accrued interest, if the said deposit was lying in interest bearing deposit with some bank, the same may also be released in favour of the

petitioner - Grama Panchayat after obtaining due acknowledgement to the same.

With these observations and directions, this Writ Petition is disposed of. No order as to costs. In view of the disposal of the Writ Petition,

I.A.Nos.1/14, 2/14 and 1/18 are also disposed of.