IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28th DAY OF MARCH 2017 BEFORE THE HON’BLE Mr. JUSTICE RAVI MALIMATH WRIT PETITION No.22623 OF 2016 (KLR-RR/SUR) BETWEEN SMT. D.GANGAMMA W/O.LATE D.YELLAPPA AGED ABOUT 63 YEARS, R/AT 1ST CROSS, VINAYAKA NAGARA, SHIKARIPURA TOWN, SHIMOGA DISTRICT. ... PETITIONER (By Sri. RAMACHANDRA G BHAT, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LAND REVENUE, VIDHANA SOUDHA, BANGALORE-1 2. PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF STATE FORESTS, VIDHANA SOUDHA, BANGALORE-1 3. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT, DEPUTY COMMISSIONER’S OFFICE BUILDINGS, COURT ROAD, SHIMOGA CITY, SHIMOGA DISTRICT-577 201.
4. THE ASSISTANT COMMISSIONER SAGAR SUB-DIVISION, SAGAR TOWN, SHIMOGA DISTRICT-577 401.
5. THE THASILDAR SHIKARIPURA TALUK, SHIKARIPURA TOWN, SHIMOGA DISTRICT-577 427.
6. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (CHIEF OF FOREST SQUAD), "ARANYA BHAVANA"
18TH CROSS MALLESHWARAM, BANGALORE-3.
7. THE DEPUTY CONSERVATOR OF FORESTS SAGAR SUB-DIVISION, SAGAR TOWN, SHIMOGA DISTRICT-577 401.
8. THE RANGE FOREST OFFICER AMBALIGOLA FOREST RANGE, AMBALIGALA, SHIKARIPURA TOWN, SHIMOGA DISTRICT-577 427.
... RESPONDENTS (By Smt.PRAMODHINI KISHAN, HIGH COURT GOVERNMENT PLEADER ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO 5 TO CARRY OUT NECESSARY ENTRIES IN RTC, IN CONTINUATION OF THE EXISTING ENTRIES, IN RESPECT OF 4 ACRES 20 GUNTAS OF LAND IN SY.NO.72 OF HOTHANAKATTE, KASABA HOBLI, SHIKARIPURA TALUK, SHIMOGA DIST., ON THE LINE OF THE GRANT MADE BY THE SPECIAL DY. COMMISSIONER SHIMOGA DIST., AS REFLECTED IN THE MUTATION ANNX- B & B1.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The plea of the petitioner is for a mandamus to carry out necessary entries in the RTC in continuation of the existing entries in respect of 4 acres 20 guntas of land in Survey No.72 of Hothanakatte, Kasaba Hobli, Shikaripura Taluk, Shimoga District.
2. Learned Government Advocate submits that the same has been carried out in terms of the entries dated 01.02.2016. Hence, the first prayer is answered. The next prayer is to direct the respondents not to carry out the plantation work and not to plant any saplings and not encroach upon or disturb the cultivation.
3. The relief sought for is in the nature of an injunction. It is improper for the Court to grant an injunction of such nature. It would be appropriate if liberty is reserved to avail such remedies available to him in law. With such liberty, the Petition is disposed off.
SD/- JUDGE bnv*