HC stays single-judge order on suspension of officials

A division bench of the High Court of Karnataka stayed the single-bench order which had directed the principal secretary, Revenue Department, on June 14 to suspend.

D B Natesh, assistant commissioner (AC) and Shivakumar, tahsildar of Bengaluru South, and to hold
an enquiry against them.

A division bench comprising Chief Justice S K Mukherjee and Justice P S Dinesh Kumar passed an order directing the single bench “not to proceed with the matter”. 

The principal secretary, the AC and the tahsildar filed an appeal before the division bench seeking quashing of the order on the grounds that they were not given an opportunity to present their case.

The appellants have argued that they were yet to file their statement of objections in the writ petition and the single bench passed orders with strictures.

The matter has been adjourned until July 10.

The single-bench judge of Justice Ravi Malimath had in the previous hearing expressed displeasure over non-compliance of the court orders.  The judge even observed why the principal secretary should not be suspended for non-compliance.

S C Gokarna, one of the landowners in Kothnur village in JP Nagar 7th Phase, had moved the high court challenging the action of the AC and the tahsildar who had issued notices to landowners.

The notice stated that the government was acquiring their land under provisions of the Karnataka Land Revenue Act, 1964, alleging the landowners had encroached upon government land.

The notice was issued to the land owners on May 26, 2017, and without giving a chance to the landowners to reply to the notices, the tahsildar and the AC demolished the compound wall around the land the next day.

Gokarna challenged the action of the officials of demolishing the wall without giving time to the land owners to reply.

The judge, in his previous order, had directed the AC and the tahsildar to construct the compound wall that was demolished.

However, the petitioner’s advocate informed the court the that government had filed a false affidavit in the court that there was no construction put up by them. The government has contended that they have made efforts to construct the wall. 

Marriage registration

A PIL was heard before the High Court of Karnataka seeking directions to make it mandatory to register all marriages.

The petitioner, Bhaktavachala, had contended that though the Law Commission of Karnataka has recommended implementation of the amendment to the Karnataka Marriages (Registration and Miscellaneous Provision) Act, 1976, it was not enforced in the state.

A division bench comprising Chief Justice S K Mukherjee and Justice P S Dinesh Kumar disposed of the petition directing the petitioner to give a representation to the chief secretary in 15 days.