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HC dismisses memo seeking bench's recusal in Prestige case

Published On : 22 Apr 2016


Bengaluru, DHNS: The High Court on Thursday dismissed a memo filed by SR Hiremath, president of Samaja Parivarthana Samudaya (SPS), asking the bench to recuse from hearing a petition filed by Prestige Estates Projects Ltd.

Justice Ram Mohan Reddy passed an order dismissing the memo and the interlocutory application filed by the petitioners seeking directions to remove Hiremath as a party in the case.

SPS, in its memo, has stated that as Justice Reddy seemed to be ‘prejudiced’ and ‘biased’ in hearing the petition, he must not continue to hear the matter and must recuse from hearing it.

Hiremath had also held a press conference giving statements saying that the sitting judge of the High Court and the government counsel were 'hand in glove' with the builders and was delaying the court proceedings. The bench is hearing the matter to initiate contempt proceedings against Hiremath for making the press statement.

The bench, in its order stated, “Just because a judge makes certain observations during the hearing, it does not necessarily mean that the judge is biased.” As there is no ground for the ‘disguised apprehension’ expressed by the president of SPS, there is no merit, hence the memo was dismissed.

Cancellation of land
The petition is about Prestige, who have questioned the cancellation of the 3.23 acres of land Patandur Agrahara village near Whitefield which was sold to them by Joy Ice Cream. The land was initially allotted by KIADB. SPS has impleaded in the petition stating that the land is a gomal land and should not be allotted to any private party.







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