Chaini Parwani –
Published On: November 13, 2021 at 10:37 IST
The Karnataka High Court charged a penalty worth ₹6 lakh on a Journalist for abusing the process of the Court and Misusing Law as an instrument of Fraud and Harassment to acquire allotment of a Government-Built House that he was accommodated in Unlawfully for the past 21 years.
A Bench of Justice Krishna S. Dixit while dismissing the Plea observed “No allotment can be claimed by a person who gains entry to the public property by hooliganism and continue in its occupation, on the mere ground that he belongs to oppressed class of society… This cannot be permitted to continue.”
The Petition was Filed by 42-year-old G.M. Mahadeva, a resident of Mysuru, who alleged himself as the Editor and Publisher of ‘Rashtrakraanthi’ Newspaper, and the State President of the Association of Small and Medium Newspapers of India.
The Petitioner claimed that in the year 2000 when he occupied the house, built by the Urban Development Department in Mysuru, Verbal Assurance was given by the then engineers.
The Court replied stating that the Petitioner is uttering a ‘Militant lie’ notwithstanding the opportunity given by the Court, had not produced names or any particulars of engineers who verbally permitted him to accommodate in the house.
Further, it was highlighted that the Petitioner belongs to a Scheduled Caste, but the Court stated that no materials to substantiate the claim on his caste was provided.
The Court noted that “Assuming that he belongs to that community, no right would accrue in his favour for gaining entry to the house that admittedly belongs to the Government and meant for being allotted to the genuine and eligible members of the oppressed communities.”
The Court further observed while informing the authorities to evict and summon the Petitioner and other Illegal occupants of the houses built for genuine beneficiaries in Mysuru that Constitutional Jurisdiction of Court cannot be allowed to be Solicited by the Unscrupulous persons like the Petitioner and that if Relief is granted at the hands of this court, the makers of the Constitution would shiver in their graves.
An additional Penalty worth ₹1,000 per day has to be borne by the Petitioner if he fails to pay ₹6 lakh to the Government within six weeks, the Court stated.
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