HC disposes of petition against temple demolition

Hearing a petition by Suresh Gowda, Managing Trustee of Mahaganapathi Devasthana Trust, Brindavan Extension in Mysore, a Division Bench headed by Justice Ram Mohan Reddy disposed of the petition, ruling that only the Deputy Commissioner was entitled to issue any direction pertaining to demolition of unauthorised religious structures.

The Assistant Commissioner, Horticulture, Mysore, in a letter dated October 29, 2010 had directed the temple authorities to vacate the premises as the temple would be demolished, since it was an illegal structure.

The petitioners said that the respondents did not issue a notice seeking explanation from them. The counsel for the petitioners C M Mahesh submitted that the respondents had issued an information letter, but not a show-cause notice as claimed by them.

The counsel also submitted that the Assistant Commissioner was not a competent authority to issue the notice. He further said that the temple was not illegal, but existed since the 1980. The petitioners contended that only the Deputy Commissioner could take a decision pertaining to demolition.

Hearing adjourned

The High Court on Thursday adjourned the hearing of a petition by Katta Jagadish, corporator and son of former minister Katta Subramanya Naidu seeking to quash the First Information Report (FIR) filed by Lokayukta in connection with the land grabbing case.

Justice Ananda Byra Reddy, who heard the matter, adjourned it to the first week of January after the Lokayukta sought time to file objections. Justice Reddy also directed the Lokayukta police not to proceed with the matter till the next date of hearing.

Plea dismissed

The High Court on Thursday dismissed a suo-motu petition with regard to the encounter death of notorious criminal Peddagunda, at Rajagopalanagar recently.

Swetha, Peddagunda’s wife, had written a letter to the High Court, requesting that an inquiry be initiated against the Central Crime Branch (CCB) police for the killing of her husband. A Division Bench headed by Justice Ram Mohan Reddy dismissed the petition seeking action against the CCB police.

She had said that her husband was innocent and was at his house in Torechennanahalli in Magadi taluk when the CCB police picked him up on December 16 and killed him early morning of December 17. “It was a fake encounter,” Swetha alleged.

Notice to KIADB, BMRCL

The High Court has issued notice to Karnataka Industrial Area Development Board (KIADB) and Bangalore Metro Rail Corporation Limited (BMRCL) and others in connection with a petition challenging imposition of cost over land acquisition for the Metro rail project.

The petitioners, Liberty Motors, had moved the High Court after their request for compensation was rejected for their building acquired for the project.

Even when the matter was pending, the parties agreed for an out of court settlement. When the petitioners filed a memo and sought permission to withdraw the matter citing the settlement, Justice D V Shylendra Kumar imposed a cost of Rs 5,000 and dismissed the petition.

Challenging the dismissal, the petitioner appealed before the Division Bench comprising Justice Ram Mohan Reddy and Justice A S Bopanna. The petitioners in their submission said that unless rules are framed under order 20A and rule 2 of Code of Civil Procedure, no cost can be imposed by any judge.

The petitioner further submitted that before imposing a cost an opportunity should be given to the litigant to explain why cost should not be imposed.