IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.30124-126 OF 2017 AND WRIT PETITION NO.30182 OF 2017 (GM-FOR) BETWEEN:
1. M. VIJAY AGED ABOUT 45 YEARS S/O LATE M. R. MOHAN S/O PUSHPA AUTO GARAGE NO.71/3B2-22 NEAR BANASHANKARI TEMPLE KANAKAPURA MAIN ROAD BENGALURU-560 078 2. M. BHASKAR AGED ABOUT 47 YEARS S/O LATE MOHAN RESIDING AT NO.26/49 SAPTESHWARA KANAKA LAYOUT MUNESHWARA NAGAR PADMANABHA NAGAR BENGALURU-560 070 3. INDIRA V AGED ABOUT 35 YEARS D/O PUSHPA MOHAN R/AT NO.790, ‘PURNACHANDRA’ 2ND CROSS, 8TH MAIN ROAD CENTRAL EXCISE LAYOUT VIJAYANAGARA BENGALURU-560 040 PETITIONER NOS.1 TO 3 REPRESENTED BY THEIR GPA HOLDER DAYANAND, S/O LATE VAJRAPPA AGED 50 YEARS RESIDING AT NO.35 ANJANAPURA, UTTARAHALLI HOBLI BENGALURU SOUTH TALUK.
… PETITIONERS (BY SRI. BADRI VISHAL, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDL.CHIEF SECRETARY FOREST,ECOLOGY AND ENVIRONMENT DEPARTMENT M. S. BUILDING, DR. AMBEDAKR VEEDHI BENGALURU-560 001 2. PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) ARANYA BHAVAN, 4TH FLOOR, 18TH CROSS MALLESWARAM BENGALURU-560 003 3. ASSISTANT CHIEF CONSERVATOR OF FOREST BANGALORE SOUTH TALUK ARANYA BHAVAN, 4TH FLOOR, 18TH CROSS MALLESWARAM, BENGALURU-560 003 4. RANGE FOREST OFFICER KAGGALIPURA RANGE SUNKADAKATTE VADAVAPALYA DAKULU KANAKAPURA MAIN ROAD BENGALURU-560 062 (BY SRI.VIJAY KUMAR A. PATIL, AGA) … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT TO INTERFERE WITH THE PETITIONERS PEACEFUL POSSESSION OF THE SCHEDULE PROPERTIES IN THEIR OCCUPATION AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Badri Vishal, learned counsel for the petitioners.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.
In these petitions, petitioners seek for a writ of mandamus to direct the respondents not to interfere with the petitioners peaceful possession of the schedule properties in their occupation.
2. After hearing the learned counsel for the parties and in the facts of the case, petitions are disposed of with a direction to the respondents not to take any action for dispossession of the petitioners except in accordance with law.
With the aforesaid liberty, these petitions are disposed of.
Sd/- JUDGE Mds/-