Defence Estates Officer’s request letter to the Police Commissioner, Belagavi for help to evict the Union Gymkhana on 19 November 2021, while this case is pending before the Karnataka High Court and the date of the next hearing Is 23. November 2021.
The Union Gymkhana has released this letter:
It pains us to inform you that even while the case of the Union Gymkhana is pending before the Hon’ble High Court of Karnataka, Dharwad and is being heard by the Division Bench headed by Justice Yadav.
The Defence Estates Officer has requested Police protection for evicting the Union Gymkhana on 19 November 2021.
It may be confirmed that at the last hearing of our case on 27th October 2021, the Advocate for the Defence Estates Officer, Mr. Kanvi, gave an oral undertaking to Justice Yadav that his client will do nothing to precipitate the issue of the Union Gymkhana until the case was fully heard and an Order passed.
Since. Mr. Kanvi agreed, the Hon’ble Court did not pass any interim order, which it could have if he had not agreed. The Defence Estates Officer has written three letters to the Police Commissioner, Belagavi one in October which was shown to Hon’ble Justice and two more in November, to build up pressure the Police to act without an Order from the High Court when the matter is subjudice.
If the Police agree to help the Defence Estates Officer without confirming from the advocate of the Defence Estates Officer, the solemn assurance that he had given to Hon’ble Justice Yadav that he will advise his client not to precipitate the matter of the Union Gymkhana until a Final Order in the Writ Appeal is issued, this is like, to be viewed very dim, by the Hon’ble High Court of Karnataka – since an Estates Officer’s administrative Order will have been accorded priority over a matter being considered by the Hon’ble High Court of Karnataka.
We humbly request that the Defence Estates Officer be dissuaded from his action plan to implement on the ground here Ii Belagavi what he might not be able to achieve in the High Court at Dharwad by getting the Belagavi Police to implement the Estates Officers orders. We, therefore, request that the Estates Officer be persuaded to await the Order of the Hon’ble High Court of Karnataka on the 23rd of November 2021.
What is the ISSUE:
The union Gymkhana has been asked retrospectively to pay for the period from 2002, lease rent which would a colossal Rs. 1,02,53,000/- !!