IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.8625-8626 OF 2018 (GM-FOR) BETWEEN:
1. B.B.SHANKAR, S/O.B.G.BASAPPA, AGED ABOUT 78 YEARS, 2. B.S.KAILASH, S/O.B.B.SHANKAR, AGED ABOUT 38 YEARS, BOTH PETITIONERS ARE R/AT MAGALU VILLAGE, YASALURU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573 134. ... PETITIONERS (BY SRI.S.N.BHAT, ADVOCATE) AND:
1. STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF FOREST, M S BUILDING, BENGALURU-560 001.
2. PRINCIPAL CHIEF CONSERVATOR OF FOREST (WILD LIFE), ARANYA BHAVANA, MALLESHWARA, BENGALURU-560 003.
3. DEPUTY CONSERVATOR OF FOREST, HASSAN DIVISION, ARANYA BHAVAN, NEAR DAIRY CIRCLE, B.M.ROAD, HASSAN-573 201.
4. RANGE FOREST OFFICER, YASALURU RANGE, YASALURU, SAKALESHPURA, HASSAN DISTRICT-573-134. ... RESPONDENTS (BY SRI.VIJAY KUMAR.A.PATIL, AGA) THESE WPs ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOs.1 AND 2 ASSESS THE DAMAGES PROPERLY BY CONSIDERING BOTH LOSS ACCRUED DUE TO INVASION MADE BY THE WILD ELEPHANTS AND ALSO FUTURE LOSS DUE TO DESTROY OF PLANTS BY THE WILD ELEPHANTS.
THESE PETITIONs COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.S.N.Bhat, learned counsel for the petitioner.
Sri.Vijay Kuamr A.Patil, learned Additional Government Advocate for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In these petitions, the petitioners interalia seek to issue a writ of mandamus directing respondent Nos.1 and 2 to assess the damages properly by considering both loss accrued due to invasion made by the wild elephants and also future loss due to destruction of plants by the wild elephants and to pay compensation for loss of crops.
3. When the matter was taken up today, learned counsel for the petitioners submitted that the petitioners be granted liberty to file fresh representation before respondent No.3 and the aforesaid authority be directed to deal with the matter in accordance with law.
4. Sri.Vijay Kumar A. Patil, learned Additional Government Advocate submits that suitable action in accordance with law on the representation submitted by the petitioners shall be taken.
5. In view of the submissions made and in the fact and circumstances of the case, writ petitions are disposed of with liberty to the petitioners to submit a representation within a period of four weeks from the date of receipt of a certified copy of the order passed today and respondent No.3 shall decide the representation to be submitted by the petitioners by a speaking order within a period of three months from the date of receipt of such representation.
It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioners.
Sd/- JUDGE GH