IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.574-577 OF 2018 (GM-FOR) BETWEEN:
1. G.CHANNARAYAPPA AGED ABOUT 69 YEARS S/O LATE GUMMAIAH 2. SMT.D.MUNIYAMMA AGED ABOUT 63 YEARS W/O G.CHANNARAYAPPA 3. C.CHETAN AGED ABOUT 33 YEARS S/O G.CHANNARAYAPPA 4. C.SANDEEP BABU AGED ABOUT 36 YEARS S/O G.CHANNARAYAPPA 5. C.MADHUSUDAN AGED ABOUT 31 YEARS S/O G.CHANNARAYAPPA ALLA ARE R/AT NO.122, 4TH CROSS, 4TH MAIN, V STAGE BEML LAYOUT, BENGALURU – 560 089 … PETITIONERS (BY SRI C.M.NAGABUSHANA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF FOREST 4TH FLOORS, M.S.BUILDINGS DR.AMBEDKAR VEEDHI BANGALORE – 560 001 REPRESENTED BY ITS SECRETARY 2. DEPUTY CONSERVATOR OF FOREST URBAN DIVISION, 1ST FLOOR ARANYA BHAVAN, 18TH CROSS MALLESHWARAM, BENGALURU – 560 003 3. ASSISTANT CONSERVATOR OF FOREST 13TH CROSS, 29TH MAIN ROAD B.T.M. LAYOUT, II STAGE BENGALURU – 560 076 … RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 18.12.2017 ISSUED BY R-3 VIDE ANNEXURE –L AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri C.M.Nagabhushana, learned Counsel for the petitioners.
Sri Vijay Kumar A.Patil, learned Additional Government Advocate for respondents.
2. The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners interalia seek a direction for quashing the notice dated 18.12.2017 issued by respondent No.3.
4. The facts in brief leading to filing of these writ petitions are that, land measuring 30 acres out of 90 acres of land in Sy.No.26 of Mylasandra village was granted to one P.M.Puttaraju and T.K.Damodar. As per the Government Order, survey number was subsequently changed as Sy.Nos.59, 60, 61, 62, 63 and 64. On 14.12.1935, the State Government reserved the land of Sy.No.26 as forest land. Thereafter subsequent transfers were made in respect of the lands in question and eventually the land was purchased by the family of the petitioners on 11.02.1982. The officials of the Forest Department tried to interfere with the possession of the petitioners over the property. Questioning the same, the petitioners filed Civil Suit in O.S.Nos.1763 to 1766/2013. The aforesaid civil suits stand decreed on 16.04.2016. Thereafter, respondent No.3 has issued a notice dated 26.12.2017.
5. In the aforesaid factual background, the petitioner has approached this Court.
6. Sri.C.M.Nagabushana, learned Counsel for the petitioners submitted that the above civil suits are decreed in their favour and therefore, the show cause notice issued is per se without jurisdiction.
7. On the other hand, Sri.Vijay Kumar A.Patil, learned Additional Government Advocate submitted that it is open to the petitioners to bring the aforesaid facts to the notice of respondent No.3 and thereafter respondent No.3 shall adjudicate the objections which may be raised by the petitioners.
8. In view of the aforesaid submissions and in the facts of the case, the petitions are disposed of with liberty to the petitioners to file objections to the notice dated 18.12.2017 within a period of four weeks from the date of receipt of a certified copy of the order passed today.
9. It is needless to state that the reply filed by the petitioners shall duly be considered by respondent No.3 in a proceedings under Section 64A of the Karnataka Forest Act and before proceeding further, the objections with regard to the maintainability of the proceedings shall be decided by respondent No.3.
Status-quo as it exists today with regard to the possession in respect of the land in question shall be maintained.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE KNM/-