IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.17942 OF 2018 (KLR-RES) PIL BETWEEN:
1. N. SHIVANNA S/O LATE NAYANAPPA AGED 66 YEARS R/AT MANCHAPANAHALLI VILLAGE NANDAGUDI HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114 2. M.N.PRAKASH S/O LATE NAYANAPPA AGED 51 YEARS 3. NANJAMURI S/O LATE RUDRAMUNIYAPPA AGED 40 YEARS 4. M. NAGARAJ S/O LATE MUNISWAMAPPA AGED 53 YEARS 5. M. SHIVANNA S/O LATE NANJAPPA AGED 64 YEARS ALL THE PETITIONERS ARE R/AT MANCHAPANAHALLI VILLAGE NANDAGUDI HOBLI HOSKOTE TALUK – 562 114 BENGALURU RURAL DISTRICT (BY SRI KIRAN KUMAR, ADVOCATE) ... PETITIONERS AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF LAND REVENUE VIKASA SOUDHA BENGALURU – 560 001 R/P BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU – 560 026 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION BENGALURU – 561 203 4. THE TAHSILDAR HOSAKOTE TALUK HOSAKOTE – 562 114 BENGALURU RURAL DISTRICT 5. SMT. AKKACHAMMA W/O NARAYANAPPA AGED ABOUT 68 YEARS R/AT MANCHAPPANAHALLI VILLAGE NANDAGUDI HOBLI HOSAKOTE TALUK – 562 114 BENGALURU RURAL DISTRICT ... RESPONDENTS (SRI D.NAGARAJ, AGA FOR RESPONDENT NOS.1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO R-4 TO FORTHWITH RESTORE THE REVENUE ENTRIES IN THE NAME OF THE GOVERNMENT OF KARNATAKA, IN OWNERSHIP COLUMN, IN RESPECT OF SURVEY NO.8 OF MANCHAPANAHALLI VILLAGE, NANDAGUDI HOBLI, HOSKOTE TALUK, BENGALURU DISTRICT TO AN EXTENT OF 16 GUNTAS AS PER ANNEX-A1 TO A7 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Petitioners claim that 16 guntas of land in survey No.8 of Manchappanahalli Village, Nandagudi Hobli, Hosakote taluk was granted in favour of respondent No.5. The said grant has been set aside by the Assistant Commissioner of Doddaballapura Sub-Division, Bengaluru on 27.09.2004. The said order was challenged by the respondent No.5 before the Karnataka Appellate Tribunal (‘KAT’ for short) in Revision Petition No.199/2004 and the Tribunal by its order dated 17.03.2007 set aside the order passed by the Assistant Commissioner and directed the revenue authorities to restore the name of the respondent No.5 in the revenue records as per the grant. The said order of the Tribunal is challenged in this petition.
2. It is the case of the petitioners that land granted in favour of the respondent No.5 is karab forest area (dandu topu). It is forest land as per definition of ‘Forest’ under the Forest Act and the same was granted to the respondent No.5, which is in violation of the provisions of the Act. Therefore, the Government ought to have preferred a petition before this Court challenging the order passed by the KAT.
3. Learned Additional Government Advocate appearing for the State submits that a Government Order has been issued on 15.11.2018 to challenge the order passed by the KAT. In view of the same, necessary petition would be filed before this Court to protect the forest land.
4. Recording the submissions made by the learned Additional Government Advocate, this petition is dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB