M. PENTIAH AND OTHERS versus MUDDALA VEERAMALLAPPA AND OTHERS

M. PENTIAH AND OTHERS versus MUDDALA VEERAMALLAPPA AND OTHERS

The members of the Municipal Committee constituted under the repealed Act do not cease to hold office after three years from the commencement of the new Act. Section 34's prescription of term does not apply to the 'deemed' committee under Section 320 which is transitory. The municipal committee has power under Section 77 to sell municipal property as long as statutory conditions are satisfied.

Parties
Appellants: M. Pentiah and Others; Respondents: Muddala Veeramallappa and Others
Jurisdiction
India
Judgment Date
07 November 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment/order Dated February 12, 1960, Andhra Pradesh High Court in Writ Petition No. 5 of 1960
Outcome
Appeal dismissed
Legal Topics
Municipal Committee Tenure, Statutory Interpretation, Ultra Vires, Quo Warranto, Power to Sell Municipal Property
Municipal Law Administrative Law Interpretation of Statutes Municipal Committee Tenure Statutory Interpretation Ultra Vires Quo Warranto Power to Sell Municipal Property

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Parties

M. Pentiah and Others

Appellants

Muddala Veeramallappa and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment/order Dated February 12, 1960, Andhra Pradesh High Court in Writ Petition No. 5 of 1960

Legal Issues

  1. 1 Whether the members of the Municipal Committee constituted under the repealed Act ceased to hold office after three years from commencement of the new Act
  2. 2 Whether the continued members had authority to effect sale of municipal land
  3. 3 Whether the term prescribed by Section 34 of the Act applied to the 'deemed' committee

Ratio Decidendi

The members of the Municipal Committee constituted under the repealed Act do not cease to hold office after three years from the commencement of the new Act. Section 34's prescription of term does not apply to the 'deemed' committee under Section 320 which is transitory. The municipal committee has power under Section 77 to sell municipal property as long as statutory conditions are satisfied.

Court Disposition

Appeal dismissed

Orders

  • Order of the Superintendent of Taxes set aside
  • Direction to grant refund of tax paid