Order on Lokayukta probe into grant of land to freedom fighter’s family upheld

Freedom fighter’s family was granted four acres of land in 2013

The High Court of Karnataka on Friday refused to interfere with the State government’s decision of ordering an inquiry by the Lokayukta into grant of four acres of land worth several crores of rupees to the family of a freedom fighter at Srigandhada Kaval here in 2013 as an alternative land in lieu of the land originally granted to the freedom fighter.

Justice Vineet Kothari passed the order while dismissing a petition filed by Sundaresh, son of the freedom fighter late Suryanarayana Rao.

The court said, “The show-cause notice and order for inquiry by the Lokayukta appear to be

bona fide and fair exercise of the powers vested in the State to go to the bottom of the whole transaction and the claims made by the family of late S. Suryanarayana Rao, the self-acclaimed freedom fighter, and to examine the entitlement of grant, which itself being highly belated or doubtful.”

Noticing that the first grant of land to Rao itself was belated, the court said the manner in which the subsequent grant of alternative land in 2013 was given in favour of Mr. Sundaresh, who has carried on a long chain of litigation for the last 30 to 40 years, deserves to be the thoroughly investigated and inquired into.

It would be premature, in the absence of any crystallised right in favour of the petitioner, to non-suit such inquiry initiated by the State on April 15, 2017, the court said.

Whether there was any misrepresentation or fraud played by the parties in the case or any collusion with members of the bureaucracy or Executive and even political patronage are the questions which may be required to be looked into by the State or the Lokayukta.

Noticing that Mr. Sundaresh had paid ₹6 crore to the government for grant of alternative land, the court said whether upon payment of ₹6 crore by Mr. Sundaresh, it remains a free grant of land to a freedom fighter or a case of sale of land by the State under the guise of a grant to a freedom fighter.

The issue over grant of this piece of land had multiple rounds of litigation before various courts since 1980s.