IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NO.52344 OF 2015(GM-RES) BETWEEN:
SRI CHIKKAHANUMAIAH S/O LATE CHIKKAHANUMAIAH AGED ABOUT 53 YEARS, R/AT BASAVANAPURA, KASABA HOBLI, RAMANAGARA TALUK, REPRESENTED BY GPA HOLDER B.C. HANUMANTH KUMAR S/O SHIVASHANKARAIAH, AGED ABOUT 32 YEARS, R/AT NO.17/10, BASAVAPURA, KASABA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-571112.
... PETITIONER (BY SRI: SHANMUKHAPPA, ADVOCATE) AND 1. STATE OF KARNATAKA REVENUE DEPARTMENT REPRESENTED BY SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI, BANGALORE 560 001.
2. STATE OF KARNATAKA FOREST DEPARTMENT REPRESENTED BY SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR VEDHI BANGALORE-560 001.
3. DIVISIONAL FOREST OFFICER RAMANAGARA DIVISION RAMANAGARA-571112.
... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP ) THIS WRIT PETITION IS FILED ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CRIMINAL PROCEDURE CODE PRAYING TO CALL FOR RECORDS, QUASH THE NOTICE DATED 20.9.2014 ISSUED BY THE R-3 VIDE ANN-A, QUASH THE FIR NO. 55/2006-07 REGISTERED AGAINST THE PETITIONER UNDER THE FOREST ACT PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARA VIDE ANN-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner has approached this Court at the crime stage. The records produced by the petitioner indicate that notice was issued to the petitioner to show cause as to why action should not be taken against him for the alleged encroachment in respect of the forest land.
It is open for the petitioner to submit his explanation and convince the authorities that he has not encroached any portion of the forest land. The relief claimed in the instant petition is premature. Hence, keeping open all the contentions urged by the petitioner to be canvassed at the appropriate stage and reserving liberty to the petitioner to place his explanation before the competent authority, the petition is disposed of.
Sd/- JUDGE *mn/-