ORDER
Eswara Prasad, J.
1. This Writ Petition is filed by 14 students of Sree Basaveshwara Pre-University College, Tiptur, Tumkur District and the Administrative Officer of the said Institution, questioning the authority of the first respondent in issuing Annexure-C. They pray for a Writ of Mandamus, restraining the respondents from proceeding with the construction of the building or altering the nature of the vacant space situated in front of and in between the Institution.
2. Notice before admission was ordered and Sri Somayaji appeared for the respondents and objections were filed. Both the learned Counsel are heard and the Writ Petition is finally disposed of.
3. The main grievance of the petitioners is that the land in question belongs to the Government and the first respondent has no jurisdiction to issue the impugned order or to make any construction on the site in question. Their further contention is that the land is within the municipal limits and therefore the first respondent has no power to deal with it. It is the contention of Sri Gangadharappa, learned Counsel for the petitioners that under Sections 158, 222 and Section 223 of the Karnataka Panchayath Raj Act, 1993, the Zilla Panchayat has no power to deal with the land in question. He further contends that by virtue of the construction which is now in progress, the petitioners and other students of the Institution will not have any access to the Institution and that they will be deprived of the use of these lands.
4. Sri Somayaji, learned Counsel for the respondents contend that by virtue of the Government Order dated 1.4.1987, ongoing schemes to Zilla Parishads under Section 182 of the Karnataka Zilia Parishads Act, 1983 were transferred to Zilla Parishads and therefore the construction of the hostel for the Parametric and Post-metric backward class students has been undertaken, as the accommodation was inadequate. He further contends that under Section 184(3) of the Zilla Parishad Act, the first respondent has ample power to issue the impugned orders.
5. Petitioners are all students of the institution by name Sree Basaveshwara Pre-University College. Earlier, the Institution itself preferred W.P.No. 22235 of 1994 and no Interim Order was granted in that Petition and consequently the same was dismissed as withdrawn. Now the students of the said Institution have filed this Petition for the same relief. The main grievance of the petitioners is that the access to the Institution will be closed if the building is constructed. If that is so, it is open to the petitioners to seek relief in Civil Court and obtain necessary orders based on their easementary rights and the filing of Writ Petition is not the proper remedy.
6. The contention that the land being Government land, the first respondent has no jurisdiction, requires consideration. The contention of the learned Counsel for the petitioners based on Section 158 of the Panchayath Raj Act has no substance. The said provision deals with establishment of Zilla Panchayath and its incorporation. The Zilla Parishad has jurisdiction over the entire district, excluding the portion included in the Municipality or under the authority of Municipal Corporation. The land in question belongs to the Government. In the Statement of Objections, it is clearly stated that the Government has, by order No. RDP 183 VAC 86 dated 1.4.1987 transferred on-going schemes to Zilla Parishads under Section 182 of the Zilla Parishads Act, 1983. It was stated in the impugned order that the Deputy Director of Public Instructions, Tumkur was requested to grant sites for construction of hostel buildings as per letter dated 17.7.1993 and the A.E.O., Tiptur has indicated the land Sy.No. 156/3, 157 of Maranagere for construction of Government Hostel buildings at Tiptur for Parametric and Post-metric boys hostel. By a letter dated 17.12.1993 addressed to the Assistant Education Officer, Tiptur, permission was granted for grant of land measuring 400 x 200 sq.ft. for construction of Government BCM Parametric and Post-metric boys hostels. Accordingly, the construction of the building for the purpose of housing the backward class students was commenced.
7. It is relevant to refer to Section 184(1) of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983. Under the said provision, Government may, subject to such conditions as it may think fit to impose, entrust by an order published in the Official Gazette to a Zilla Parishad, such powers and functions relating to any matter as are exercised and performed by the Government or any officer of Government under any enactment, which the State Legislature is competent to enact, or otherwise in the executive powers of the State, and appear to relate to matters arising within a district and to be of an administrative character and shall on such entrustment, transfer to the Zilla Parishad such funds and properties, and place at the disposal of the Zilla Parishad, such staff as may be necessary to enable the Zilla Parishad to exercise the powers and discharge the functions entrusted. Under Sub-section (3), with effect from the date of entrustment to the Zilla Parishad, the powers and functions of the Government relating to any matter, all assets and liabilities appertaining to such matter shall stand transferred and vest in the Zilla Parishad. In view of the said provisions, it is clear that by virtue of the Government Order dated 1.4.1987 transferring the on-going schemes to the Zilla Parishads, the Zilla Pahchayat's assets and liabilities pertaining to such matters, stood transferred to and vested in the Zilla Parishad. In that view of the matter, there is no substance in the contention of the learned Counsel for the petitioners.
8. It is to be observed that the petitioners who are students of the Institution are set up by the Management of the Institution to file this Petition, after they failed to obtain interim order in W.P.No. 22235/94, thereby, stalling the construction of hostel for the backward class students. There are no merits in this Writ Petition which is accordingly dismissed with costs.