Hours after opposing each other tooth and nail in the Karnataka Assembly, Congress Leader DK Shivakumar and BJP Leader BS Yeddyurappa united in the Supreme Court today to oppose the revival of a 2008 land grabbing case against them..Arguing before a Bench of Justices Arun Mishra and MR Shah, DK Shivakumar and BS Yeddyurappa questioned the locus standi of an intervenor in filing a recall application..Senior Advocates Mukul Rohtagi (for BS Yeddyurappa) and Abhishek Manu Singhvi (for DK Shivakumar) told the Court that an intervenor has sought the recall of the order allowing withdrawal..“Petition was withdrawn a year ago. This application is by an intervenor. What is his concern?”, submitted Rohatgi..Singhvi also echoed the same concern..Advocate Prashant Bhushan, appearing for the intervenor, told the Court that the case was withdrawn pursuant to a mentioning made by the accused behind his back, without informing him..The Court eventually adjourned the matter without passing any order..The case dates back to 2008, when the land in question was acquired by DK Shivakumar from one BK Srinivasan. Shivakumar was the Urban Development Minister during that period..The land in question, around 4.20 acres, was notified land which had earlier been acquired by the Bangalore Development Authority (BDA). The Karnataka Land (Restriction on Transfer) Act, 1991 prohibits the transfer of land acquired by the government..Withdrawal of Appeal against DK Shivakumar and BS Yeddyurappa: Unanswered questions.The land was eventually de-notified by the Yeddyurappa government..Trial was initiated against Shivakumar under the Prevention of Corruption Act for the same. However, the Karnataka High Court intervened and quashed the case, holding that no criminal case was made out..Neither the State of Karnataka nor the Lok Ayukta Police appealed against the same..It was left to private parties to pursue the matter. Kabbale Gowda, one of the original complainants, filed an appeal in the Supreme Court..The matter before the Supreme Court was adjourned ten times between July 2016 and January 2018..Eventually, on January 9, 2018, formal notice was issued in the case. However, on February 21 this year, the matter was mentioned by AoR for the petitioner..The matter was taken on board pursuant to the mentioning and the petitioner sought permission to withdraw the matter. The Court allowed the same..NGO Samaj Parivartan Samudaya has now filed the current application seeking recall of the Supreme Court order of February 21. The NGO had earlier filed an impleadment application in the matter before it was withdrawn..[Read Order]
Hours after opposing each other tooth and nail in the Karnataka Assembly, Congress Leader DK Shivakumar and BJP Leader BS Yeddyurappa united in the Supreme Court today to oppose the revival of a 2008 land grabbing case against them..Arguing before a Bench of Justices Arun Mishra and MR Shah, DK Shivakumar and BS Yeddyurappa questioned the locus standi of an intervenor in filing a recall application..Senior Advocates Mukul Rohtagi (for BS Yeddyurappa) and Abhishek Manu Singhvi (for DK Shivakumar) told the Court that an intervenor has sought the recall of the order allowing withdrawal..“Petition was withdrawn a year ago. This application is by an intervenor. What is his concern?”, submitted Rohatgi..Singhvi also echoed the same concern..Advocate Prashant Bhushan, appearing for the intervenor, told the Court that the case was withdrawn pursuant to a mentioning made by the accused behind his back, without informing him..The Court eventually adjourned the matter without passing any order..The case dates back to 2008, when the land in question was acquired by DK Shivakumar from one BK Srinivasan. Shivakumar was the Urban Development Minister during that period..The land in question, around 4.20 acres, was notified land which had earlier been acquired by the Bangalore Development Authority (BDA). The Karnataka Land (Restriction on Transfer) Act, 1991 prohibits the transfer of land acquired by the government..Withdrawal of Appeal against DK Shivakumar and BS Yeddyurappa: Unanswered questions.The land was eventually de-notified by the Yeddyurappa government..Trial was initiated against Shivakumar under the Prevention of Corruption Act for the same. However, the Karnataka High Court intervened and quashed the case, holding that no criminal case was made out..Neither the State of Karnataka nor the Lok Ayukta Police appealed against the same..It was left to private parties to pursue the matter. Kabbale Gowda, one of the original complainants, filed an appeal in the Supreme Court..The matter before the Supreme Court was adjourned ten times between July 2016 and January 2018..Eventually, on January 9, 2018, formal notice was issued in the case. However, on February 21 this year, the matter was mentioned by AoR for the petitioner..The matter was taken on board pursuant to the mentioning and the petitioner sought permission to withdraw the matter. The Court allowed the same..NGO Samaj Parivartan Samudaya has now filed the current application seeking recall of the Supreme Court order of February 21. The NGO had earlier filed an impleadment application in the matter before it was withdrawn..[Read Order]