IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.1708 OF 2018 (GM-FOR-PIL) BETWEEN:
MADIGA MEESALATHI HORATA SAMITHI RAICHUR DISTRICT RAICHUR-584101 REP. BY ITS SECRETARY MR. RAVIKUMAR S/O. SANTHOSHAPPA ... PETITIONER (BY SHRI UDAYA PRAKASH MULIYA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF FOREST & ENVIRONMENT VIDHANA VEEDHI BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE REGIONAL COMMISSIONER KALABURAGI DIVISION KALABURAGI-585 101 3. THE CHIEF CONSERVATOR OF FOREST KALABURAGI CIRCLE, OFFICE OF REGIONAL COMMISSIONER KALABURAGI -585 101 4. THE DEPUTY COMMISSIONER RAICHUR DISTRICT RAICHUR-584 101 5. THE RAICHUR URBAN DEVELOPMENT AUTHORITY RAICHUR-584 101 REP. BY ITS COMMISSIONER 6. THE DEPUTY CONSERVATOR OF FOREST REGIONAL FOREST DEPARTMENT RAICHUR-584 101 7. MR. RAJENDRA KUMAR PATIL S/O VITTALA RAO, ADULT ANUSHNAGAR LAYOUT RAICHUR-584 101 8. SMT. BHAGYASHREE W/O MR. RAJEDNRAKUMAR PATIL ADULT ANUSHNAGAR LAYOUT RAICHUR-584 101 ... RESPONDENTS (BY SHRI P.B. ACHAPPA, AGA FOR R1-R4 & R6 AND SHRI UDAYA HOLLA, SENIOR COUNSEL FOR SMT. POONAM PATEL, ADVOCATE FOR R7 & R8) ---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO R-6 TO INITIATE APPROPRIATE ACTION AS PER LAW TO ENSURE CLEARANCE OF ENCROACHMENT OF NEARLY SIX ACRES OF FOREST LAND BEARING SY.NO.1141 OF RAICHUR VILLAGE AND TALUK BY THE RESPONDENTS NO.7 AND 8, IN FURTHERANCE OF THE REPORTS AND COMMUNICATIONS PRODUCED AT ANNEXURES-E, F AND G, CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 13.11.2017 VIDE ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Perused the earlier orders passed by this Court and in particular the order dated 27th May 2019.
2. The said order records that the encroachment was only to the extent of 2 guntas on the subject forest land. Now, the said encroachment has been removed. As of today, there is no material on record to show that there is any further encroachment on the subject forest land.
3. The learned counsel appearing for the petitioner states that an application has been made by the petitioner on 27th August 2019 to the fifth respondent for carrying out the satellite survey with a view to ascertain whether there is any further encroachment.
4. The petitioner is free to prosecute the said application in accordance with law. As of today, no further directions are required to be issued in this petition. If there is any material found hereafter to show that there is further encroachment on the forest land, the petitioner can always made an appropriate representation in accordance with law.
5. We make it clear that we have not gone into the question of locus of the petitioner in the light of the contentions raised by the seventh and eighth respondents and the said issue is kept open.
6. Subject to what is observed above, the petition is disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN