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2000 Supreme(SC) 1181

2001(4) Supreme 462
SUPREME COURT OF INDIA
V.N. Khare & S.N. Variava, JJ.
Ulagappa & Ors. -Appellants
versus
Divn. Commnr., Mysore & Ors. -Respondents
Civil Appeal No. 3981 of 1999
Decided on 26-7-2000

Headnote:Karnataka Municipalities Act, 1964-Section 349 r/w 4-Notification proposing to include certain areas within the limit of Town Panchayat-Objections by residents-Final notification had not yet been issued-Writ petition before High Court against initial notification was pre-mature and ought not to have been entertained-None of the rights of petitioner were affected-Judgment of High Court repelling objections was liable to be modified. (Para 2)

       

ORDER

The respondent-State issued a notification dated 22.8.97 under Section 349 read with Section 4 of the Karnataka Municipalities Act, 1964, proposing to include certain areas within the limits of Tarikere Town Panchayat. It is alleged that the residents of the local area have filed objections, but their objections were not considered. At this stage they filed a petition under Article 226 of the Constitution. The High Court dismissed the writ petition repelling the contention raised by the petitioners. It is against the said judgment the appellants are in appeal before us.

2. During the course of hearing, we inquired from learned Counsel for the parties as to whether any final notification, including certain areas within the limits of the Tarikere Town Panchayat consequent upon the notification dated 22.8.97 has been issued or not. Learned counsel for the parties stated that so far no such notification has been issued. Under such facts and circumstances, we feel that the writ petition filed by the petitioner, was premature and ought not to have been entertained by the High Court. Merely by issue of a notification dated 22.8.97, none of the rights of the petitioner was affected. Therefore, a decision on the basis of the notification dated 22.8.97 was totally unnecessary. In this view of the matter, the judgment and order of the High Court shall stand modified. The appeal stands disposed of in the aforesaid terms. There shall be no order as to costs.

Appeal disposed of accordingly.

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