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2012 Supreme(Kar) 1007

K.L.MANJUNATH, V.SURI APPA RAO
N. Mariyappa – Appellant
Versus
Deputy Commissioner, Bangalore Rural District, Bangalore – Respondent


Advocates:
Advocate Appeared:
Mr. C.M. Nagabushana, for the Appellant
Mr. M. Keshava Reddy, Additional Government Advocate, B.S. Ravindra, M/s. Jaykumar S. Patil Associates, for the Respondent

JUDGMENT

K.L. Manjunath , J.—Heard the learned Counsel for the parties. The legality and correctness of the order dated 8-4-2010 passed in W.P. No. 12127 of 2008 by the learned Single Judge is called in question in these appeals.

2. The appellants are residents of Dasarahalli Village in Hosakote Taluk. They were respondents 13 and 18 before the learned Single Judge. The writ petition was filed by the School Development and Management Committee (hereinafter referred to as 'SDMC' for short) and Government Higher Primary School, Dasarahalli. It is the case of the writ petitioner that on 11-11-2006, the writ petitioner passed a resolution to construct a new school building, since the existing building was insufficient to accommodate the increasing strength of the students. Therefore, a request was made by the 'SDMC' to grant 1 acre 2 guntas in Sy. No. 78, which was originally reserved as a graveyard, for the purpose of construction of the school building. Based on the request of the writ petitioner, the Tahsildar sent a report stating that the land is fit for construction of a school building, though it is reserved for burial ground, the same is not being used and requested the Deputy Co




















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