IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.35063 of 2014 (GM-FOR) BETWEEN :
S. CHINNAPPA REDDY S/O LATE SUBBARAYAPPA AGED ABOUT 68 YEARS RESIDING AT PULKUNTLAPALLI VILLAGE MARASANAPALLI POST SRINIVASAPUR TALUK KOLAR DISTRICT-563 101 …PETITIONER (BY SHRI. H.M. GOPAL, ADVOCATE) AND :
1. THE PRINCIPAL SECRETARY DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT GOVERNMENT OF KARNATAKA BANGALORE-560 001.
2 . CHIEF CONSERVATOR OF FOREST & APPELLATE AUTHORITY BANGALORE CIRCLE (REGIONAL) ARANYA BHAVAN, MALLESHWARAM BANGALORE-560 003.
3 . THE ASSISTANT CONSERVATOR OF FOREST KOLAR SUB DIVISION, KOLAR-563 101 4 . THE DEPUTY CONSERVATOR OF FOREST KOLAR SUB DIVISION KOLAR-563 101 5 . THE RANGE FOREST OFFICER SRINIVASAPURA RANGE SRINIVASAPURA TALUK KOLAR DISTRICT KOLAR-563 101 6. PRINCIPAL SECRETARY DEPT. OF REVENUE GOVT. OF KARNATAKA BANGALORE-560 001 7. DIRECTOR OF SURVEY SETTLEMENT DEPT. OF REVENUE/SURVEY GOVT. OF KARNATAKA BANGALORE-560 001 RESPONDENTS NO.6 & 7 ADDED AS PER DIRECTONS OF THE HON’BLE COURT DT.21.10.2019 ... RESPONDENTS (BY SMT. SHWETA KRISHNAPPA, AGA) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.9.5.2014, PASSED BY THE R-2 VIDE ANN-W CONSEQUENTLY QUASH THE ORDER DATED 7.7.2011 PASSED BY THE R-3 VIDE ANN-N.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner claims to be owner of 4 acres of land in Sy. No.11 of Marasanapalli village, Rayalapadu Hobli, Srinivasapura Taluk, Kolar District. The fifth respondent filed a report before the Assistant Conservator of Forest stating that there was encroachment of forest land. After adjudication, the Assistant Conservator of Forest passed an order on 7th July 2011(Annexure-N) holding that 2 acres out of 4 acres was forest land. This was challenged by the petitioner before the Appellate Authority namely the Chief Conservator of Forest (CCF). During the pendency of the appeal, petitioner filed an application seeking joint survey. By order dated 14th June 2013, the Appellate Authority has directed the Deputy Conservator of Forest to get the land surveyed. Without waiting for the joint survey report, final order has been passed on 9th May 2014. Petitioner has challenged the Appellate Authority’s order in this writ petition.
2. Smt.Shweta Krishnappa, learned AGA, on instructions submits that pursuant to order passed by the Appellate Authority, joint survey has not been conducted. She submits that survey has to be conducted by the Deputy Director of Land Records (DDLR), Survey Department.
Accordingly, she prays for appropriate directions to the Survey Department as also the Revenue authorities to complete joint survey. She raised an objection that the Revenue Department as also the Survey Department have not been made as parties.
3. In view of objection raised by learned AGA, learned Advocate for Petitioner seeks leave to add the ‘Principal Secretary of Revenue Department’ as also the ‘Director of Survey and Settlement’ as party respondents.
4. Leave granted. Accordingly, ‘Principal Secretary of Revenue Department’ shall be added as sixth respondent and ‘Director of Survey Settlement’ shall be added as seventh respondent. Learned Advocate for petitioner, to amend the cause-title forthwith.
Learned AGA accepts notice for sixth and seventh respondents also.
5. The controversy in the writ petition is whether joint survey ordered by the CCF has taken place or not.
Admittedly, the joint survey has not been conducted. In the circumstances, it is just and appropriate to issue a direction for completion of Joint Survey and to pass fresh orders. Hence, the following:
Order (a) Writ petition is allowed.
(b) The order dated 9th May 2014 passed by CCF is set-aside.
(c) The Director of Survey shall ensure that joint survey is completed within eight weeks from the date of receipt of a copy of this order.
(d) Upon receipt of Joint Survey Report, the Appellate Authority namely CCF shall pass appropriate orders in accordance with law within an outer limit of eight weeks therefrom.
Sd/- JUDGE SPS