- (1.) Delay condoned. Leave granted.
(2.) This appeal has been preferred by the appellant- State of Karnataka against the judgment dated 23rd June, 2010 passed by the High Court of Karnataka, Circuit Bench at Gulbarga in Writ Appeal No.2999 of 2004 (LB- RES). By the impugned judgment, the Division Bench of the High Court while allowing the writ appeal observed as follows: "On a thorough consideration of the provision of Section 9 and the notification produced before court which is extracted above, it discloses that there is no proper compliance of posting the notification at the requisite places as stated in Section 9."
(3.) The factual matrix of the case is as follows: The Government of Karnataka initially by draft Notification No. HUD 14 TML 84 dated 19th June/22nd July, 1986 proposed to alter the existing limits of Town Municipal Council (hereinafter referred to as the 'Council' for short) Sedam for inclusion of Survey No. 630-642 within the municipal limits of town municipality (hereinafter referred to as the 'municipality'), Sedam inviting objections and suggestions to the proposal from persons likely to be affected therein. It was followed by Notification No.HUD 14 TMT 84 dated 15th April/20th May, 1987, issued by Governor of Karnataka published in Karnataka Gazette dated 25th May, 1987 exercising the power conferred by sub-Section (1) of Section 4 of Karnataka Municipalities Act, 1961 (hereinafter referred to as the 'Act') altering the existing limits of the Council, Sedam as detailed therein. A writ petition No. 10187 of 1987 was filed against the aforesaid notification by 1st respondent which was permitted to be withdrawn in view of subsequent notification issued by State Government on 28th November, 1995. By the said notification dated 28th November, 1995, it was notified that having received no objection to the proposal within a said period of 30 days from the date of publication of notification dated 26th September, 1995 inviting objections from persons likely to be affected thereby in exercise of power conferred by Section 3 read with Section 9 of the Act, the Governor of Karnataka specified the smaller urban area in Schedule 'A and the limits of which are specified in Schedule 'B' and further specified it to be called 'Town Municipal Council Area of Sedam having regard to: 1) the population of the area specified in Schedule-A being not less than twenty thousand but less than fifty thousand. 2) the density of population in such area being not less than one thousand five hundred inhabitants to one square kilometer of area: 3) the revenue generated for local administration from such area from tax and non-tax sources in the year of the last preceding census being not less than Rs.9,00,000/- per annum; 4) Apart from the percentage of employment in non-agricultural activities is not less than 15% of the total employment.;