Karnataka High Court stays proceedings in Prestige Estates case

Bengaluru: A division bench of the Karnataka High Court on Monday stayed all further proceedings in the matter related to alleged illegal allotment of land in Survey Number 42 of Pattanduragrahara village to Prestige Estates Projects Ltd. The bench passed the orders after hearing the plea of S.R. Hiremath of Samaja Parivarathana Samudaya. Mr Hiremath had approached the division bench against the order of a single-judge bench which had dismissed his memo seeking the single judge to recuse from hearing the matter.

The division bench observed, “According to the roaster, the learned single judge who passed the order is not entrusted with the said subject (land revenue). The writ petition was listed only for considering the memo for recusal. Even after rejecting the memo, the single judge ought to have directed the listing of the writ petition before the appropriate bench according to the roaster. On the contrary, he has posted for further hearing before him."

Having regard to the allegations and affidavit filed and in the absence of the order passed by the single judge, as it submitted that it is not yet released, the division bench ordered, “We are of the view that till the order is produced and till we obtain clarification regarding the roaster, it would be appropriate to stay all further proceedings.”