R.DEVDAS J., (ORAL):

Learned

Additional Government Advocate

takes

notice for respondent No.1.

Learned counsel Sri.B.Sharanabasawa is directed to

take notice for respondent No.2.

Learned counsel Sri.Gururaj R.Turamari has entered

appearance for respondent No.3 by filing a caveat petition.

With the consent of the learned counsels, the

matter is taken up for final disposal.

Petitioners are aggrieved of the impugned order

dated 01.06.2022 at Annexure-P passed by respondent

No.1-Deputy

Commissioner,

Koppal

who

directed

respondent No.2-City Municipal Council, Gangavathi to

ensure that the name of respondent No.3 is entered in the

municipal records along with the petitioners in respect of

the property in question.

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It is the contention of the petitioners that

consequent to a partition in the family, the names of

Sri.T.Tukaram and T.Yallappa were entered in the records

of the municipality by order dated 11.10.2022 at

Annexure-A. After the demise of Sri.T.Tukaram and

T.Yallappa, the names of their legal heirs i.e., petitioners

herein have been entered in the municipal records and the

petitioners

have

been

paying

the

property

tax.

Nevertheless, at the instance of respondent No.3, notices

were issued to the petitioners in January, 2021 including

respondent No.3 herein. Nevertheless, after hearing the

rival

parties,

respondent

No.2-Commissioner,

CMC,

Gangavathi issued an endorsement dated 12.03.2021

holding that, on verification of the records and the

documents submitted by the parties, it is clear that the

names of Sri.Tukaram and Sri.Yallappa were entered in

the municipal records in the year 2002 and after the

demise of the two persons, the names of their legal heirs

have been entered in the municipal records. It was

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therefore held that if respondent No.3 was aggrieved of

the entry of the names of the petitioners, he will have to

approach the competent civil court to seek a declaration

regarding title of the property. Thereafter, the names of

the petitioners were restored in the municipal records.

Being aggrieved, respondent No.3 approached respondent

No.1-Deputy Commissioner invoking Section 306 of the

Karnataka Municipalities Act, 1964 (hereinafter referred to

as ‘the Act’ for short).

5.

Learned counsel for the petitioners submits that

Section 306 of the Act could not have been invoked by

respondent No.3 and the Deputy Commissioner could not

have passed the impugned order as if he is sitting as a

revisional

authority

on

the

orders

passed

by

the

Commissioner. Nevertheless, the Deputy Commissioner

has proceeded to pass the impugned order directing entry

of the name of respondent No.3 in the municipal records

along with all the petitioners.

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6.

This court had an occasion to consider the

scope and purport of Section 306 of the Act in

W.P.No.54720/2016 dated 11.07.2017. This court has held

that powers conferred under Section 306 of the Act on the

Deputy

Commissioner

is

only

when

the

Deputy

Commissioner finds that, if an order or resolution of Town

Municipal Council, or the doing of anything which is about

to be done or is being done by or on behalf of a Town

Municipal Council, is unlawful or is causing or is likely to

cause injury or annoyance to the public, or to lead to a

breach of the peace, the Deputy Commissioner is

empowered to suspend the execution of such orders or

resolutions of the municipality. At any rate, the Deputy

Commissioner is not bestowed with a power to set aside

an order of the Commissioner, under Section 306.

7.

Per contra, learned counsel for contesting

respondent No.3 submits that respondent No.3 seems to

have wrongly quoted the provision of law, nevertheless,

Section 322 of the Act provides for revision and therefore,

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the said revision petition should be read as having filed

under Section 322 of the Act.

8.

This submission of the learned counsel for

respondent No.3 also cannot be accepted, since the

provision for revision of any proceeding, including the

order of assessment and revision of a