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 Children's Library and Children's Theatre for the benefit and enjoyment of the children, the 6th respondent has constructed a school on the said land in breach of the terms and conditions of the allotment. The petitioner is relying upon the show cause notice dated 10th August 2018 issued by the 2nd respondent calling upon the 6th respondent to show cause as to why the land, subject matter of the lease, shall not be resumed.

4. The submission of the learned counsel appearing for the petitioner that there is an admitted violation by the 6th respondent of the terms and conditions on which the lease was granted. He submitted that though a specific show cause notice was issued by the Municipal Corporation to the 6th respondent for committing breach of terms and conditions, no action has been taken on the basis of the show cause notice. He submitted that the violations are admitted by the 6threspondent and therefore, the lease ought to have been cancelled.

5. The learned counsel appearing for the 6th respondent invited our attention to the statement of objections filed, in which, it is accepted that the land was leased in favour of the 6th respondent with a condition to establish Children's Library and Children's Theatre. It is submitted that a resolution has been passed on 21st February 2019 by the Municipal Corporation, by which it was resolved to grant the lease of the said land to the 6th respondent for running a school subject to the approval by the State Government.

6. We must note that the learned counsel appearing for 6th respondent submitted that a representation has been made to the first respondent - State Government seeking allotment of the schedule land. The submission is that there is a writ of mandamus issued by the Dharwad Bench of High Court of Karnataka, directing the State to take a decision. He submitted that no interference is called for. His last submission is that the land was granted for use the said land for the benefit of the children. Therefore, by running a school for the children, the use was not changed. Hence, there is no breach of the conditions.

7. The learned counsel appearing for the Commissioner of the Municipal Corporation supported the resolution dated 21st February 2019 and submitted that no inference is called for.

8. We have considered the submissions. There is no dispute that the said Municipal Corporation granted lease in respect of subject land on terms and conditions which are incorporated in the resolution of the Standing Committee dated 19th July 1967. Clauses 2 and 3 of the said resolution reads thus:

"(2) The land shall be used exclusively for the purpose of construction of Children's Library and Children's Theatre strictly according to the plans approved by the Commissioner and neither the land nor the building shall be