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2019 Supreme(Kar) 2270

ABHAY S.OKA, PRADEEP SINGH YERUR
Pampapathi S. Karamadi Advocate – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Mohan K.N.
For the Respondents: Sri. B.V. Krishna, Sri. I.G. Gachchinamath, Sri. Aravind M. Neglur.

ORDER :

1. Heard the learned Counsel appearing for the petitioner, the learned AGA appearing for the first, third and fourth respondents, the learned counsel appearing for the second respondent and learned counsel appearing for the sixth respondent.

2. The lands, subject matter of this writ petition, is having an area of 7600 Sq. Ft., which is out of the Kittur Channamma Park at Dharwad City. The second respondent is the Commissioner of Hubli - Dharwad Municipal Corporation, which was established under the Bombay Provincial Corporations Act, 1949, which is now governed by the Karnataka Municipal Corporation Act of 1976 (for short 'the said Act of 1976'). A resolution was passed by the Standing Committee of the said Municipal Corporation on 19th July 1967, by which it was resolved to grant lease of the schedule land to the 6th respondent - Rotary Club, Dharwad with a condition that the land should be used exclusively for the construction of a Children's Library and a Children's Theatre. The land was granted on lease for a period of 99 years. The annual rent was fixed at Rs.25/-.

3. The grievance made in this petition is that instead of using the subject land exclusively for the Childre

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