Judge recuses from case

One of the respondents in PIL seeks hearing by a different bench

One of the judges, on the division bench, Justice Narayanaswamy, opted to recuse from the case.

Hemraj and others had filed a PIL seeking direction to check unauthorised occupation of theland adjoining Lakshman Rau park in Okalipuram area. During the hearing, one of the  respondents, sought that the matter be heard by a different bench.

At this point, Justice L Narayanaswamy, one of the judges on the division bench headed by Justice D V Shylendra Kumar recused himself from the case.

However, Justice Shylendra Kumar felt that a Judge should exercise his duty according to his oath and referred the matter to the Chief Justice to constitute a new bench. “The petition, is  in the nature of Public Interest Litigation and  petitioners are not seeking private gains. In such matters, the public interest should prevail and not the private interest,” he said.

The court  directed the BBMP Commissioner to file an affidavit suggesting alternative measures to accommodate the 33 families residing in the civic amenity sites near the park. The Court also directed that the BBMP should not cause financial burden for the poor people living there.

Prakashamma, one of the respondents, alleged that one Hanumanthappa had misled the court in this matter repeatedly and she did not want the Bench to proceed with the same issue.

Counsel for BBMP told the court that there are 72 vacant houses available in Lingarajapuram. But the respondents were not ready to shift there.

It could be recalled that earlier in 2009, Justice K L Manjunath, faced a similar situation during the hearing of Iskcon ownership dispute. An anonymous letter, whose origins were later traced to Iskcon, Bangalore sought the matter to be heard by a different Bench.

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