Today, On 28th March, The Supreme Court advised HD Kumaraswamy to approach the High Court regarding the eviction notice issued to him in a land grabbing case. The court clarified that he was not a party to the contempt proceedings linked to the notice. Kumaraswamy is expected to present his case before the High Court for further legal recourse. The matter has sparked fresh political and legal debate.
New Delhi: The Supreme Court permitted Union Minister HD Kumaraswamy to present his concerns to the Karnataka High Court regarding an eviction notice issued against him, stemming from proceedings in which he is not involved.
A bench comprising Justices Pankaj Mithal and SVN Bhatti noted that while Kumaraswamy had already contested the eviction in the High Court, he also has the right to inform the Court that actions were being initiated against him despite his removal from the list of parties involved.
Justice Bhatti commented during the proceedings,
“We appreciate the predicament in which the petitioner is placed. At one stage, he is deleted from contempt, then an eviction notice is issued,”
Senior Advocate Mukul Rohatgi, representing Kumaraswamy, characterized the situation as a “comedy of errors.”
He pointed out that although the Lokayukta had closed the matter years ago, local authorities recently issued an eviction notice against him based on contempt proceedings. Rohatgi argued that he was not involved in the contempt petition, yet he was now facing its repercussions.
Rohatgi stated before the Court,
“The order of eviction is based on the contempt…and suddenly after five years, I am issued an order of eviction. That’s why it’s a comedy of errors,”
The bench acknowledged that the issues raised were legal questions better suited for the High Court and clarified that all matters would be left open for consideration there.
In its order while formally dismissing the Special Leave Petition filed by Kumaraswamy, the Court stated,
“Since the petitioner has already filed a writ petition before the High Court challenging the eviction, he is directed to pursue that remedy,”
The case dates back to allegations against Kumaraswamy and his associates, claiming they illegally acquired over 200 acres of government land, including 110 acres of pasture (gomala) land in Kethaganahalli near Bidadi.
Following a directive from the Karnataka Lokayukta, the State government established a Special Investigation Team to investigate the alleged encroachments.
Kumaraswamy has maintained that the 45 acres of land near Bidadi were legally purchased by him in 1985 and has alleged that he is being politically targeted by the current Congress-led government.
The Lokayukta had previously ordered the government to address encroachments within 15 days. Although the matter was reportedly closed, proceedings resumed later, leading to contempt petitions against several government officials for failing to act on the Lokayukta’s orders.
Despite not being a party in the contempt proceedings, Kumaraswamy received an eviction notice from local authorities.