LAWS(KAR)-2015-12-58

RAMEGOWDA Vs. STATE OF KARNATAKA AND ORS.

Decided On December 11, 2015
RAMEGOWDA Appellant
V/S
State of Karnataka and Ors. Respondents

JUDGEMENT

(1.) The petitioner herein is arrayed as accused No.8 in the case registered by the Lokayuktha Police in respect of the offences under Sections 114, 119, 120B, 167, 218, 420, 464, 465, 468, 470, 471 of IPC and Sections 9, 13(1)(b)(d) and 13(2) of the Prevention of Corruption Act, 1988, on the complaint of second respondent.

(2.) The complaint allegation pertains to use of the land granted by the Government for the purpose other than the terms of the grant.

(3.) To put it in a nutshell, the Government granted/sanctioned an extent of 15 acres 31 guntas in Sy.No.89 re-numbered as Sy.No.92 of Hulimavu village, Begur Hobli, Bangalore South Taluk, Bangalore, in favour of "Sri.Ramalingeshwara Swamy Temple Trust" ('the Trust' for short) situated at Hulimavu village, vide order dated 9.3.1981. Complainant is one of the Trustees of the said Trust. The condition of grant was that the land shall be maintained open without putting up any structures in and around the temple (since it is a very ancient temple). In 1990, additional land of 10 guntas in Sy.No.63 of the same village was granted to drill borewell for the purpose of the temple. Some vested interests created a Trust and negotiated with accused No.1 to transfer the property so granted by the Government in favour of first accused.