Donate two books to court library: HC to litigant

S Shyam Prasad | NT

Bengaluru: The High Court in rare cases imposes costs on litigants who go too far in abusing the legal process. In an interesting case recently, a division bench of the HC directed a litigant who was not vigilant enough to attend the online hearing of the case to donate two specific books to the court’s library to recall its order dismissing his case.

The petition of Pradeep HR, a litigant from Anekal was dismissed as he did not attend court on the designated date. His counsel approached the bench and submitted that “the absence before the court on the scheduled date was due to disturbance in audio and he was unable to notice the calling of matter, though he was very much present in the court. This being a bona fide mistake, the order of dismissal may be recalled.”

His submission was placed on record and the HC bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit ordered, “Accepting the submission of the learned counsel for the petitioner, the order dated 30.06.2023 is recalled subject to petitioner donating two books, one of Sri Fali S.Nariman's `Before the Memory Fades'- an Autobiography and the other, Autobiography of Sri Soli S.Sorabjee, former Attorney General of India, to the Court Library within two weeks.”

Petition Dismissed Pradeep had filed the petition seeking direction to the BMRDA Commissioner, Joint Director of Town and Country Planning and the CEO of Bengaluru Nagara Zilla Panchayat to take action under the Karnataka Municipal Corporation Act and demolish the illegal floors allegedly constructed by Tulasiram DN and BG Haribabu in their building in Anekal.

The property that allegedly has illegal floors was situated at Bandenallasandra village, Jigani, Anekal.

The HC, however said the public interest litigation was absurd. Dismissing it, the HC said, “This petition is taken up for hearing with the consent of parties. The prayer on the face of it is so absurd that this court is afraid that a petition with such prayers can ever be entertained. On this count alone, the petition is dismissed.” (WP 24310/2021)