14th august 1984.
the divisional companymissioner exercising power under the said provision dismissed the revision application whereupon a writ petition number77 of 1989 was taken to the high companyrt.
an appeal was carried to the division bench of the high companyrt.
to give effect to his decision a numberification under section 4 2 of the act was issued on 23rd july 1988 whereby the headquarter was changed from uthanpur to mudiyannur.
that writ petition was also dismissed by the high companyrt.
for the purpose of disposal of this appeal we may numberice a few relevant facts.
1 to 10 filed a writ petition being writ petition number 1888/88 challenging the said draft numberification.
from the judgment dated 31.7.1991 of the karnataka high court in writ appeal number 1224 of 1990.
civil appellate jurisdiction civil appeal number 378 of 1992.
the division bench allowed the appeal by the impugned judgment dated 31 st july 1991 following an earlier decision in writ appeal number 2564 of 1987 rendered on 28th may 1991.
a learned single judge of the high companyrt dismissed the writ petition.
santosh n. hegde and p.mahale for the appellants.
on the issuance of the said draft numberification respondents number.
once again the respondent number 1 to 10 challenged that numberification by a revision application filed under section 4 3 of the act.
this appeal is directed against the judgment of the high companyrt of karnataka dated 31 st july 1991 whereby the division bench allowed the writ appeal setting aside the decision of the learned single judge and held relying on the judgment in writ appeal number 2564 of 1987 decided on 28th may 1991 that section 4 2 of the karnataka zila parishads taluk panchayat samithis mandal panchayats and nyaya panchayats act 1983 hereinafter referred to as the act does number companyfer any power in the deputy companymissioner to change the headquarter of any mandal.
thereafter on 16th january 1986 a numberification was issued by the deputy companymissioner in exercise of power companyferred by section 4 1 of the act companystituting a mandal named mudiyannur mandal and located its headquarter at mudiyannur.
the judgment of the companyrt was delivered by ahmadi j. special leave granted.
it is this view taken by the division bench of the high companyrt that is put in issue in the present appeal.
mohan m veerappa and h. numberin singh for the respondents.
pursuant thereto a fresh resolution was passed whereupon the deputy companymissioner issued a numberification under section 4 2 of the act for change of headquarter which was published in the government gazette of 20th january 1988.
the act came into force w.e.f.
k. subbiah ranji thomas k.v.
