NDLI: B.n. Shankarappa Vs. Uthanur Srinivas and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Karnataka Zila Parishads Manda/ Panchayats and Nyaya Panchayats Act Taluk Panchayats Samithis
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Karnataka General Clauses Act, 1897 (0 of 1897) Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nayaya Panchayats Act, 1983 (20 of 1985)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Karnataka Zila Parishads, Taluk Panchayats Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983-Section 4(1), (2) read with Section 14 of the Karnataka General Clauses Act, l 897-Deputy Commissioner--Powers under-Whether he can exercise the power to specify the headquarter from time to time-location of headquarter of a Mandal-Discretion of authority-Scope of--lnterference by Court when discretion exercised arbitrarily. Karnataka Zila Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, l 983-Section 4(2) read with Section 14, the Karnataka General Clauses Act, 1897-Construction-- Whether powers under exhaust once a Mandal initially constituted and its headquarter specified. On 16.1.1986, the Deputy Commissioner issued a notification constituting a Mandal under section 4 (1) of the Karnataka Zila Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 and located the headquarter of the Mandal at Mudiyannur. Later on exercising powers under section 4 (3) of the Act he changed the headquarter to Uthanpur. On 14.12.1987 a writ petition (W.P.No. 7685/86) was filed challenging the decision of the Deputy Commissioner. The High Court dismissed the petition holding that on passing a resolution by Mandal to change the headquarter from the existing place to another place, the Deputy Commissioner was to consider if he would like to exercise power. under section 4 (2) of the Act. The Mandal passed a fresh resolution and thereupon the Deputy Commissioner issued a notification under section 4 (2) of the Act for change of headquarter and on 20.1.1988 the draft notification was published in the Gazette. The respondents 1 to 10 filed a writ petition (W.P.No. 1888/8.8) before the High Court challenging the draft notification. The writ petition was dismissed. Considering the resolution and the objections to the notification, the Deputy Commissioner issued another notification under section 4 (2) of the Act and the headquarter of the Mandal was changed from Uthanpur to Mudiyannur. The respondents challenged the notification by filing a revision application under section 4 (3) of the Act which was dismissed by the Divisional Commissioner. The respondents moved the High Court in W.P. No. 77 of 1989 C challenging the order of the Deputy Commissioner. The Single Judge of the High Court dismissed the petition, against which an appeal was filed before the Division Bench of the High Court. The Division Bench allowed the appeal following an earlier decision of the High Court in Writ Application No. 2564 of 1987 dated 28.5.1991. The correctness of the decision of Division Bench of the High Court was challenged in this appeal by special leave. The appellant contended that once the power to specify the headquarter was conferred on the Deputy Commissioner by Section 4 (1) of the Act, it could be exercised from time to time by virtue of section 14 of the Karnataka General Clauses Act, 1897; that the scheme of section 4 of the Act should be construed with the aid of section 14 of the General Clauses Act in such a manner as not to leave a vacuum for the exercise of power for a change of headquarter; that if the High Court's view was approved, there could he no power vested in any authority whatsoever for changing or specifying the headquarter of the reconstituted Mandal which vacuum might lead to· avoidable complications; and that once the legislature invested G the Deputy Commission with the power to specify the headquarter under section 4 (1), subject to the modification by the Commissioner under section 4 (3), the power to alter the headquarter of a Manda! from time to time, if the occasion so required, must be read into it. The respondents submitted that while sub-section (2) of Section 4 of the Act in terms empowered the Deputy Commissioner to alter the headquarter of the Mandal because the headquarter once specified under section 4(1) should remain unaltered; that the act designedly did not confer any power on any authority whatsoever to change the headquarter once specified under section 4 (1).
Judge	Honble Mr. Justice A.M. Ahmadi
Neutral Citation	1992 INSC 16
Petitioner	B.n. Shankarappa
Respondent	Uthanur Srinivas And Ors.
SCR	[1992] 1 S.C.R. 286
Judgement Date	1992-01-21
Case Number	378

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B.n. Shankarappa Vs. Uthanur Srinivas and Ors.

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B.n. Shankarappa Vs. Uthanur Srinivas and Ors.

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