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Tuesday, Jul 17, 2007
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Non-bailable warrant against Mahishi

Staff Reporter

High Court takes Chief Secretary to task for failing to comply with its directions

P.B. Mahishi

BANGALORE: In what could be termed as a major embarrassment to the State Government, the Karnataka High Court on Monday took the Chief Secretary P.B. Mahishi to task for failing to comply with its directions and ordered issue of a non-bailable warrant (NBW) against him.

The court passed the order on an interlocutory application (IA) by Kavitha and others seeking a direction to the Government to regularise the construction of houses in Balaji Layout in Kodigenahalli near Hebbal, here.

The petitioners said though there was a court order, no action had been taken by the State so far for regularising their houses or disposing of their applications as per the directions of the court. The case of the petitioners was that though there was a court order in their favour, the Government had not taken any action. They had also filed a contempt petition against the Government, but it was subsequently withdrawn. However, when the writ was being heard in the High Court, Justice Rammohan Reddy asked the Government why the lands and buildings in the layout could not be regularised when the State was amending certain provisions of the Town and Country Planning Act for regularising deviations in building bylaws and violation of zonal regulations.

He had also directed the Chief Secretary to file an affidavit on the issue, explaining the delay in complying with the court orders. He had also said that the Government could file a review petition in the High Court. When the matter came up on Monday, Mr. Justice Reddy expressed dismay that neither the Government nor the Chief Secretary was represented in the case. He noted that he had on July 12 rejected an explanation offered by the Chief Secretary for not complying with the court’s directions.

Memo

As soon as the order on the issue of NBW was passed, additional government advocate R.B. Venkataramana, filed a memo before the court for “being spoken to” (to discuss certain points of the order after the order has been passed).

Mr. Justice Reddy, however, rejected the memo, saying that he “failed to understand what is to be spoken to when the order is already passed.

The State is likely to file a petition before the court urging it to recall the order issuing NBW to the Chief Secretary.

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