The Supreme Court has disposed of a plea filed by JD(S) MP and current Union Minister HD Kumaraswamy regarding eviction notices issued to him over allegations of illegal encroachment of government land in Kethaganahalli village, Bidadi. The case stems from a contempt petition currently pending before the Karnataka High Court.
The High Court had earlier initiated contempt proceedings against the state authorities for failing to comply with the Lokayukta's directive to reclaim illegally occupied government land. A special investigation team of senior officials was appointed by the state, which found prima facie evidence supporting the allegations of encroachment. However, Kumaraswamy has strongly denied the accusations, claiming that they are part of a conspiracy orchestrated by the ruling Congress government.
Senior Advocate Mukul Rohatgi, representing Kumaraswamy, argued before the Supreme Court that his client was not a party to the contempt petition before the High Court, yet eviction notices had been served to him, posing a risk of unlawful eviction from his property.
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A Supreme Court bench comprising Justices Pankaj Mithal and S.V.N Bhatti permitted Kumaraswamy to approach the Karnataka High Court to raise his concerns.
"This contempt should end. Tomorrow, the contempt will send me to jail even though I am not a party," Rohatgi stated, referring to the situation as a "comedy of errors."
Justice Bhatti reassured him by stating, "In contempt, you cannot be sent to jail."
Rohatgi elaborated that the eviction notice was issued abruptly, several years after the initial proceedings had begun, adding to the confusion surrounding the case.
"The Lokayukta has already closed the proceedings, yet the contempt case continues, leading to such situations," he remarked.
Justice Bhatti advised Rohatgi to move the High Court to seek relief, acknowledging that the case had significant implications for Kumaraswamy.
"We appreciate the predicament in which the petitioner is placed. At one stage, he was happy to be excluded from the contempt proceedings, and now he faces eviction due to a notice issued under the same case," Justice Bhatti observed.
The bench ultimately ruled that Kumaraswamy has the liberty to raise his concerns before the Karnataka High Court.
"Since the eviction notice has been issued in pursuance of the contempt proceedings, the petitioner is granted the liberty to move the High Court to address his grievances," the court noted.
On behalf of the respondent, Advocate Prashant Bhushan informed the court that Kumaraswamy had already filed a writ petition challenging the eviction notices, which is currently pending before the Karnataka High Court.
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In response, Rohatgi clarified that he had disclosed the writ petition and emphasized that the eviction notice should not have been issued without prior inquiry by the Tehsildar.
Ultimately, the Supreme Court dismissed Kumaraswamy's plea but allowed him to pursue the matter through legal avenues in the Karnataka High Court.
"On the basis of a series of orders passed in the contempt proceedings, in which the petitioner is not currently a party, an eviction notice was issued on March 20, 2025. Given the circumstances, we permit the petitioner to bring to the contempt court's attention that he has been removed from the proceedings and that the eviction notice was issued pursuant to these orders. Apart from this, since the petitioner has already challenged the eviction in the High Court, he is allowed to continue pursuing his legal remedies as per the law. The Special Leave Petition stands disposed of," the Supreme Court stated in its order.
