The High Court of Karnataka on Monday converted a petition alleging encroachment of forest land by a temple authority into a suo motu public interest litigation (PIL).
The court said that the petitioner cannot be allowed to continue as a pro bono litigant since he insists that he would continue to visit the temple, which according to him is on government land.
A division bench, headed by Chief Justice Abhay Shreeniwas Oka, was hearing the PIL filed by A Velumurugan, a resident of MC Halli in Tarikere taluk.
The petitioner had claimed that Shiva Subramanya Swamy temple at Bhadragiri in Tarikere taluk, Chikkamagaluru district, and other buildings are on government and forest land.
In the previous hearing, the court had asked the petitioner to make a choice and tell the court whether he still wants to continue his visits to the temple.
The petition stated that the temple generates an annual income of Rs 65 lakh. The temple administration encroached upon the forest land to the extent of around 20 acres and built several structures, the petitioner had contended.
In his affidavit, Velumurugan said the temple was built around 50 years ago and it was only recently that he came to know that it was on government land. On verification, he said that he also found that other buildings, such as food choultry, wedding hall and guest houses, were built encroaching upon the forest
land.
Velumurugan further said that his family have been devotees of the temple. He said his religious faith would not come in the way of submitting grievances regarding the mismanagement of the temple.
The bench, after going through the affidavit, said the petitioner cannot be allowed to continue as a pro bono litigant and converted the petition into a suo motu PIL.
The bench also granted time to the state government to comply with the direction issued by the court. The court had directed the government to initiate immediate action in accordance with law based on a report submitted by the tahsildar.