Advocates' body seeks inquiry, instant transfer

Bengaluru: The Advocates' Association of Bangalore (AAB) on Wednesday passed a unanimous resolution requesting the Chief Justice of India to immediately direct the authorities concerned to probe who approached Chief Justice of Karnataka Subhro Kamal Mukherjee with an offer to expedite a case. The CJ of Karnataka said this in the open court on July 5.
The resolution passed at th e special general body meeting chaired by AAB president HC Shivaramu also requested for immediate action and transfer of the Chief Justice of Karnataka by issuing a warrant within a reasonable time. This, they said, will prevent members of the bar going on an agitation on this issue.
On July 5, Subhro Mukherjee recused himself on personal grounds from hearing the review petition filed by Umrah Developers, which was at Serial No. 34 of the list. He informed the court that a person had come with an offer the previous day for expediting this case in his favour. He also showed a visiting card allegedly given by that person who spoke in Bengali.
The controversy revolves around 39 guntas of land at Challaghatta village which Umrah Developers had successfully bid for at the auction conducted by the state government in 2008. After confirmation of the sale, 25% of the bid amount was deposited. However, in April 2009, it came to light that the land was acquired by BDA for the Kempegowda Layout. After the request for ref und of the deposit amount was rejected, the Umrah Developers moved the court and an order was passed to refund it. The court was moved after authorities failed to honour the order. This time, Umrah Developers offered to deposit 75% of the remaining bid amount and sought alternative land.
The single bench on July 29, 2013 directed the authorities to allot alternative land at the old rate to Umrah Developers as it had been waiting for the past five years after being a successful bidder in the auction. The order was challenged by the government by way of an writ appeal.
On January 22, 2015, a division bench comprising the then Chief Justice DH Waghela and Justice Ram Mohan Reddy had directed the government to refund on or before March 30, 2015 the amount lying with them with 7.5 interest . However, the order asking the authorities to allot alternative land at the old rate was set aside by the court. On April 1, 2016, a division bench comprising Justice Rammohan Reddy and Justice AS Bopanna rejected the review plea by the government seeking a review of the January 22, 2015 order citing inordinate delay of 301 days.