IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION Nos.28407-415 OF 2019(GM-FOR) Between:
1. Mr.C.J.Isak S/o C.K.John Aged about 63 years Residing at Ganganadu Thokthi, Byndoor Village Mayyadi Post, Byndoor Taluk, Udupi District-576 214.
2. Mrs. Mary Skaria D/o Mr.Skaria Aged about 55 yers Residing at Ganganadu Thokthi, Byndoor Village Mayyadi Post, Byndoor Taluk, Udupi District-576 214.
3. Mr. Govinda Marati S/o Late Payu Marati Aged about 51 years, Residing at Ganganadu Thokthi, Byndoor Village Mayyadi Post, Byndoor Taluk, Udupi District-576 214.
4. Mr. Sinchan C.A, S/o Kuriya Kose Aged about 23 years Residing at Ganganadu Thokthi, Byndoor Village Mayyadi Post, Byndoor Taluk, Udupi District-576 214.
5. Mr. Sujith, S/o Late Jacob Aged about 37 years, Residing at Ganganadu Thokthi, Byndoor Village Mayyadi Post, Byndoor Taluk, Udupi District-576 214.
6. Mrs. Leela Thomas W/o Late Jacob Aged about 62 years, Residing at Ganganadu Thokthi, Byndoor Village Mayyadi Post, Byndoor Taluk, Udupi District-576 214.
7. Mr. K.P.Abraham S/o Paily Aged about 83 years, Residing at Ganganadu Thokthi, Byndoor Village Mayyadi Post, Byndoor Taluk, Udupi District-576 214.
8. Mr. K.A.Paulose, S/o K.P. Abraham, Aged about 56 years, Residing at Ganganadu Thokthi, Byndoor Village Mayyadi Post, Byndoor Taluk, Udupi District-576 214.
9. Mr. Aliyas K.A, S/o. K.P.Abraham Aged about 46 years, Residing at Ganganadu Thokthi, Byndoor Village Mayyadi Post, Byndoor Taluk, Udupi District-576 214.
(By Sri.Ajith Anand Shetty, Advocate) And:
… Petitioners 1. Union of India By the Ministry for Environment and Forests, Prithvi Block, 1st Floor, Indira Paryavaran Bhawan, Aliganj, Jorbagh Road, New Delhi-110 003. By its Secretary.
2. State of Karnataka Department of Forest Aranya Bhavan, 18th Cross, Malleshwaram, Bengaluru, Karnataka-560 003 By its Principle Secretary.
3. Principle Chief Conservator of Forests Department of Forest Government of Karnataka Aranya Bhavan, 18th Cross, Malleshwaram, Bengaluru, Karnataka-560 003.
4. Chief Conservator of Forests Mangaluru, State Bank, Mangaluru, Karnataka-575 001.
5. Deputy Conservator of Forests, Kundapur Division, Kundapur, Udupi-576 201.
…Respondents (By Sri. Vijay Kumar A. Patil, AGA for R2 to R5; ASG Served for respondent No.1).
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents authorities to consider the petitioners’ representations as per Annexure-L, M and N thereby ensuring that no personnel from their departments would take any step, which would in any manner deprive the petitioners’ rights over their respective holdings and etc.
These Writ Petitions coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Sri.Ajith Anand Shetty, learned counsel for the petitioners.
Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.2 to 5.
These petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioners inter alia have prayed for the following reliefs:
(i) issue a writ of mandamus or such other direction, directing the Respondent Authorities to consider the Petitioners’ representations as per Annexures L, M and N, thereby ensuring that no personnel from their departments would take any step, which would in any manner deprive the Petitioners’ rights over their respective holdings.
(ii) Issue a writ of mandamus, directing the Respondent Authorities to take such steps, as would be necessary to demarcate the boundaries of the nearby forest area, if any, after causing advance notice upon the Petitioners or any other interesedt parties.
3. When the matters were taken up today, learned counsel for the petitioners submitted that petitioners with regard to their grievance have submitted representations at Annexures L, M and N and the competent authority be directed to conduct the survey to ascertain whether the petitioners are the encroachers. In case, the petitioners are found to be not encroachers, the respondents be restrained from interfering with the rights of the petitioners over the properties in question.
4. On the other hand, learned Additional Government Advocate submitted that the competent authority shall carry out the survey in the presence of the petitioners and in case, petitioners are found to be encroachers, appropriate action under Section 64A of the Karnataka Forest Act, 1963 (hereinafter refereed to as the ‘Act’ for short), shall be taken.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction to the competent authority that survey shall be carried out in the presence of the petitioners.
6. Needless to state that in the aforesaid survey, if the petitioners are found to be encroachers, appropriate action against them shall be taken under Section 64A of the Act.
7. Needless to state that in case the petitioners are found to be the owners of the properties, the respondents shall not interfere with the rights of the petitioners over the properties in question.
8. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, these writ petitions are disposed of.
Sd/- JUDGE dn/-