The High Court on Monday ordered notices to State Government, Bruhat Bangalore Mahanagara Palike (BBMP) and state unit of BJP, following a public interest litigation challenging the leasing out of a land in Malleswaram, for the purpose of BJP office.

The petition by K Satish and nine other members of Malleswaram Nagarika Hitarakshana Vedike impugned the government order which leased out the property in No.48, Ward no. 15, Malleswaram 1st Main Road,  measuring about 9000 sqft., in favour of BJP state unit for a period of 30 years.

The residents sought a direction for retaining the said land as a civic amenity space while contending that it was the only lung space available in the area. The land had earlier been leased out to Lalitha Kala Shala, a trust which held various cultural activities there. It  was also being used as children’s play ground and for recreational purposes by the residents. they stated.

The petitioners also pointed out that BJP had already three party offices in Malleswaram area and said that residents’ need for lung space overwieghed the need of another office for a political party.

The Division Bench comprising Chief Justice Cyriac Joseph and Justice Ram Mohan Reddy sought a copy of the Comprehensive Development Plan to clarify as to the nature of the land.

Reinstatement
The Court stayed a KAT order directing reinstatement of a police constable who had been dismissed from service on the charge of molesting a woman visitor, while admitting a government appeal in this regard.

A writ petition by state Home department has challenged the reinstatement order passed by Karnataka Administrative Tribunal in favour of dismissed constable Thammaiah Chari.

Thammaiah, who is alleged to have taken a woman visitor to a park adjacent to the police station and molested her, when he was working in Vijayanagar police station during 1984, had been dismissed following a disciplinary enquiry.

When he challenged the dismissal, the KAT by an order on February 15, 2006 had ordered reinstatement while observing that he had been acquitted in a criminal case initiated on the same charge.

Ashraya scheme
The Court has set aside an order cancelling certain allotments made under Ashraya Scheme, while disposing of two petitions by 85 beneficiaries of Tavarekere and Chunchanakuppe Gram Panchayat (GP) areas, Bangalore South taluk.

The petitions by Lalithamma and 65 others coming under Tavarekere GP limits and Venkatamma and 18 others of Chunchanakuppe GP had challenged the order cancelling the allotment of sites made under Ashraya scheme.
They stated that they were allotted sites during 2001 and 2003 by the Ashraya Scheme Committee headed by Congress MLA H M Revanna. But, the same was subsequently cancelled during May 2006 after a new JD(S) MLA took over as chairman of the Ashraya Committee, they had said.

The Court set aside the cancellation order, while directing the petitioners to attend before Bangalore Deputy Commissioner, on October 31.

It directed the DC to re-examine the issue and take appropriate decision.