IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28508/2019 (GM-FOR) BETWEEN:
SRI CHANDRASHEKAR S/O. NAGA NAIKA AGED ABOUT 45 YEARS R/AT GUBBINA JEDDU PUNAJE VILLAGE HOSANAGARA TALUK- 577 418 SHIVAMOGGA DISTRICT …PETITIONER (BY SRI HARISH KUMAR M.S., ADVOCATE) AND:
1. THE CHIEF CONSERVATOR OF FOREST SHIVAMOGGA AND APPELLATE AUTHORITY SHIVAMOGGA CIRCLE SHIVAMOGGA- 577 201 2. THE AUTHORISED OFFICER AND ASSISTANT CONSERVATOR OF FOREST HOSANAGARA SUB-DIVISION- 577 418 HOSANAGARA, SHIVAMOGGA DISTRICT 3. RANGE FOREST OFFICER HOSANAGAR RANGE HOSANAGARA- 577 418 …RESPONDENTS (BY SRI SRIDHAR N.HEGDE, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 26.06.2019 (ANNEXURE-E) PASSED BY RESPONDENT NO.1 CHIEF CONSERVATOR OF FOREST AND APPELLATE AUTHORITY, SHIVAMOGGA CIRCLE, SHIVAMOGGA IN APPEAL NO.1/2018-19 CONFIRMING THE ORDER DATED 25.06.2018 PASSED BY THE AUTHORISED OFFICER AND ASSISTANT CONSERVATOR OF FOREST, HOSANAGARA SUB- DIVISION, HOSANAGARA.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri Harish Kumar M.S., learned Counsel for the petitioner.
Sri Sridhar N.Hegde, learned High Court Government Pleader for the respondents 2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks for quashing of the order dated 26.06.2019 passed by the competent authority Shivamogga, whereby the order dated 25.06.2018 passed by the Authorised Officer and Assistant Conservator of Forest has been upheld.
4. When the matter was taken up today, learned Counsel for the petitioner submits that the petitioner had filed an application in Form-A under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 (‘the Rules’). However, the aforesaid application is still pending and the case of the petitioner has been considered under the provisions of the Karnataka Forest Act, 1963 and the same has been dismissed. It is further submitted that it is appropriate that a direction be given to the concerned committee to consider the aforesaid application submitted by the petitioner under the aforesaid Rules within two months.
5. On the other hand, learned High Court Government Pleader submits that the application of the petitioner will be considered in accordance with law.
6. In view of the submission made and in the facts of the case, the petition is disposed of with a direction to the concerned committee to decide the application (Annexure-A) submitted by the petitioner under the aforesaid Rules by a speaking order within a period of two months from the date of receipt of a copy of the order passed today. Till the application submitted by the petitioner is decided, status quo as on today with regard to possession of the property in question shall be maintained. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE KSR