IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.16508 OF 2014 (GM-RES) BETWEEN:
Sri Eshwarappa S/o. Chowdappa, Aged about 62 years, Residing at Ambugalale Village, Iduvani Post, Sagara Taluk, Shimoga District, Pin-577 401. …Petitioner (By Sri Ramachandra G Bhat, Advocate) AND:
1. The State of Karnataka Represented by its Principal Secretary, To the Government, Department of Land Revenue, Vidhana Soudha, Bangalore-560001.
2. The Principal Secretary Department of State Forests, Government of Karnataka, Vidhana Soudha, Bangalore-560001.
3. The Assistant Commissioner Sagar Sub Division, Sagar Taluk Sagar Town, Shimoga District PIN – 577401.
4. The Tahasildar Sagar Taluk, Sagar Town, Shimoga District, PIN – 577401.
5. The Deputy Conservator of Forests Sagar Sub Division, Sagar Taluk, Sagar Town, Shimoga District, PIN- 577401.
6. The Range Forests Officer Sagar Circle, Sagar Town, Shimoga District, PIN- 577401.
7. The Sub Inspector of Police Kargal Police Station, At & Post: Kargal, Sagar Taluk, Shimoga District.
PIN-577401.
8. Sri Ramappa S/o. Parama Naik, Aged about 61 years, Residing at Ambugalale Village, Iduvani Post, Sagara Taluk, Shimoga District, PIN – 577401. … Respondents (By Smt. Niloufer Akbar, AGA for R1 to R7 Sri Ashok Patil, Advocate for R8) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-3 to R-6 to conduct enquiry, hold spot inspection and thereafter to take appropriate legal action against the R-8, as per the representation Annexure-B and C filed by the petitioner and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
O R D E R Petitioner is seeking a direction to respondent Nos.3 to 6 to conduct an enquiry, hold spot inspection and thereafter, take appropriate legal action against the respondent No.8, as per the representations in Annexures-B and C.
2. The case of the petitioner is that he is the absolute owner of 3 acres of garden land situated in Sy.No.11 of Iduvani Village, Barangi Hobli of Sagara Taluk, Shimoga District. The said land has been granted to the petitioner by the Deputy Commissioner, Sagar Taluk, Shimoga District vide Grant Order dated 16.03.1999. As per the conditions of the grant order, the petitioner is expected to dig a trench surrounding the land granted to him in order to separate his land from the surrounding forest land. As per the conditions, the petitioner has dug about 3.5 width trench. He has also built a compound wall of about 6 feet height upon his land. The trench dug by him is the boundary between the forest land and land granted to him.
3. Respondent No.8, who claims to be the unauthorized occupant of the adjacent forest land, without their being any right, has abruptly tried to encroach the forest land by filling the trench with mud and also tried to plant arecanut plants. Hence, the petitioner has submitted a representation to Tahsildar- respondent No.4 at Annexure-B dated 23.10.2009. Pursuant to that, an endorsement dated 10.12.2009 has been issued to the petitioner by respondent No.4. Pursuant to directions, petitioner has given a representation to respondent No.5-The Deputy Conservator of Forests. Respondent No.5 by Annexure- C1 has directed the Range Forest Officer to conduct spot inspection and to take appropriate action. Inspite of that, concerned officer has not taken any action. Petitioner filed an application under Right to Information Act. The Deputy Conservator of Forests- Respondent No.5 has issued an endorsement dated 14.02.2012 -Annexure-D intimating the petitioner that there is a direction to Range Forest Officer-Respondent No.6 to conduct a spot inspection and take action. Subsequently, on 18.02.2012, the Assistant Commissioner, Sagar Sub division, Sagar has written a letter to Deputy Conservator of Forests, Sagar Sub division directing to take action pursuant to the complaint given by the petitioner. Inspite of that, neither respondent No.5 nor respondent No.6 has taken any action. Hence, the petitioner has approached this Court contending that inspite of repeated representations and specific directions from the Assistant Commissioner by letter dated 18.02.2012, the Deputy Conservator of Forests has not taken any action. There is failure on the part of the authorities to discharge their statutory duties.
4. Under these circumstances, it is proper to direct respondent Nos.5 and 6 to consider the representation of the petitioner and to take action in accordance with law, within a period of three months from the date of receipt of the copy of this order and communicate the same to the petitioner.
With the said directions, the above writ petition is disposed of.
Sd/- JUDGE rv