IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.52920 OF 2017 (GM-FOR) BETWEEN:
MR. GOVINDAIAH S/O SIDDAGANGAIAH AGED 65 YEARS BALLAGERE VILLAGE THYAMAGONDLU HOBLI NELMANGALA TALUK BANGALORE RURAL DISTRICT.
(BY MR. HARIKRISHNA S. HOLLA, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF REVENUE DR AMBEDKAR VEEDHI VIDHANA SOUDHA BANGALORE - 560001 REP BY ITS SECRETARY.
2. MINISTRY OF FOREST VIDHANA SOUDHA BANGALORE - 560001 REP BY ITS SECRETARY.
3. ASSISTANT CONSERVATOR OF FOREST DODDABALLAPURA DIVISION DODDABALLAPUR – 561203.
4. CHIEF CONSERVATOR OF FOREST BANGALORE RURAL CIRCLE ARANYA BHAVAN BANGALORE.
… PETITIONER 5. THE CHIEF CONSERVATOR OF FOREST ARANYA BHAVAN MALLESHWARAM BANGALORE – 560003.
6. RANGE FOREST OFFICER NELAMANGALA RANGE NELAMANGALA BANGALORE-562123.
… RESPONDENTS (BY MR. VIJAYAKUMAR A. PATIL, AGA FOR R1 TO R6) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.3 TO 6 TO CONDUCT THE JOINT SURVEY TO IDENTIFY THE FOREST LAND WHICH IS CLAIMED BY THE RESPONDENT NO.4 & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Harikrishna S. Holla, learned counsel for the petitioner.
Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 6.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner is seeking for a writ of mandamus directing respondent No.3 to 6 to conduct the joint survey to identify the forest land which is claimed by the respondent No.4.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the he be granted with a liberty to make a fresh representation with regard to his grievance before the competent authority. On the other hand, learned counsel for respondent submitted that if such a representation is made by the petitioner the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made to the competent authority, the same shall be decided by the competent authority within a period of four months from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case. Till the representation is decided, ad-interim order dated 23.01.2018 granted by a bench of this Court to continue.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS