The Deputy Commissioner and Assistant Commissioner did not have jurisdiction to deal with the property vested in the Belgaum Municipal Council, and their orders were illegal and without jurisdiction.

MURLIDHER RAO, J.

( 1 ) SY. No. 3 situated in the village limits of Madhavapur known as Kandak was a vacant land. Certain people were displaced in Malaprabha water scheme. It is to rehabilitate the displaced persons it was decided that the above vacant land should be made available to them to be used as building sites. Accordingly, the Special Deputy Commissioner, Belgaum, issued an order, after securing the approval of the Government, vesting 4 acres in Madhavapur village in Belbgaum municipal Council, under Section 81 (2) (c) of the Karnataka Municipalities Act, 1964. That order is produced as Annexure R-1. It was clearly mentioned in the said order that the land in question is vested in the said Municipal Council for formation and distribution of sites of the siteless and houseless weavers of Madhavapur Vadagaon village. Though several conditions are imposed in the order, two conditions which need mention for the purpose of disposal of this Writ Petition are as follows:

" 4. The City Municipal Council shall identify the houseless and siteless persons and grant the sites to them after verifying their eligibility. 5. The land transferred shall not belong by right of ownership to the City Municipal Council, belgaum, but shall vest in it. "

( 2 ) CONDITION No. 7 thereof states that any contravention of the conditions in the order, the land shall vest in the State Government and it shall be open for the Government to resume lawful possession thereof.

( 3 ) AFTER the land was so vested in the City Municipal Council, Belgaum, it is obvious that the municipal Council, Belgaum, alone could undertake the distribution of land in question and pass appropriate orders after identifying houseless and siteless people.

( 4 ) IN the subsequent years there appears to be certain disputes between two sections of people who are intending allottees. A Society called Malaprabha Co-operative Society was formed under the Karnataka Co-operative Societies Act to protect the interest of the intending allottees who had been displaced. In view of certain differences between the rival sections, the matter was taken up to the Assistant Commissioner on 5-10-1985. At this Meeting the rival sections arrived at a compromise and submitted the terms to the Assistant Commissioner, Belgaum. Accordingly an order was passed on 5-10-1985, incorporating, the terms as agreed to between the parties. Thereafter mutation entries were effected.

( 5 ) SINCE there was dispute in the affairs of the Society, the members who got elected on 30-4-1987, filed an application under Section 70 of the Karnataka Co-operative Societies Act, alleging that Rudrappa Tukaram Davale, Mirza Mohammed Bhato, Madiwali Mudkappa Loli, ishwar Chandrashekhar Kavadi and Maruti Shankarappa Sontakki were trying to tamper with the records of the Society and making hectic attempts to cancel the allotment of sites. In these proceedings, an interim order has been granted. Subsequently by order dated 30-11-1988, the interim order was vacated and the dispute was dismissed.

( 6 ) ONE Kandobha Krishnappa Dhavali gave a representation to the Deputy Commissioner, belgaum, complaining about the allotment of sites. On the said representation, the Deputy commissioner, issued notices to the petitioners and several others and passed an order on 16-6-1989, cancelling Entry No. 2069 and directing the Tahsildar to treat the land as belonging to the Government. It is this order that is challenged in this Writ Petition.

( 7 ) UNDER the terms of grant, the land vests in the Belgaum Municipal Council and it can revest in the Government if there is a contravention of terms of order by the Council. This could be done after issuing notice to Municipal Council and not otherwise. Further this could be done by the government, who had earlier approved the grant in favour of Corporation.

( 8 ). A.. is filed by Khandoba Krishnappa Dhavali and others to implead as respondents on the ground that at their instance the Deputy Comm

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