B.N. SHANKARAPPA versus UTHANUR SRINIVAS AND ORS.

B.N. SHANKARAPPA versus UTHANUR SRINIVAS AND ORS.

The power conferred by Section 4(1) of the Karnataka Zila Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, to specify the headquarters of a Mandal is not exhausted after its initial exercise; by operation of Section 14 of the Karnataka General Clauses Act, 1897, it may be exercised from time to time as circumstances require. The courts should not interfere with the discretion unless it is exercised arbitrarily or for improper purposes.

Parties
Appellant: B.N. Shankarappa; Respondents: Uthanur Srinivas and Ors.
Jurisdiction
India
Judgment Date
21 January 1992
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal Against Karnataka High Court Division Bench Judgment
Outcome
Appeal allowed
Legal Topics
Powers of Deputy Commissioner, Change of Mandal Headquarters, Interpretation of Statutes, Judicial Review of Administrative Discretion
Administrative Law Local Government Law Powers of Deputy Commissioner Change of Mandal Headquarters Interpretation of Statutes Judicial Review of Administrative Discretion

Case Brief

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Parties

B.N. Shankarappa

Appellant

Uthanur Srinivas and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal Against Karnataka High Court Division Bench Judgment

Legal Issues

  1. 1 Whether the Deputy Commissioner has the power to change the headquarters of a Mandal from time to time under Section 4(1) of the Karnataka Zila Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, read with Section 14 of the Karnataka General Clauses Act, 1897
  2. 2 Whether such power is exhausted after the initial constitution and specification of headquarters
  3. 3 When courts may interfere with the administrative discretion in locating headquarters

Ratio Decidendi

The power conferred by Section 4(1) of the Karnataka Zila Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, to specify the headquarters of a Mandal is not exhausted after its initial exercise; by operation of Section 14 of the Karnataka General Clauses Act, 1897, it may be exercised from time to time as circumstances require. The courts should not interfere with the discretion unless it is exercised arbitrarily or for improper purposes.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the Division Bench of the Karnataka High Court set aside
  • Order of the Single Judge dismissing the writ petition restored