IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27TH DAY OF APRIL, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.51634 OF 2013(KLR-RES) BETWEEN:
SRI HOVAPPA SHETTY *SINCE DEAD BY LRS 1(a) HONNAMMA W/O LATE HOVAPPA SHETTY, AGED ABOUT 75 YEARS 1(b) MANJAPPA SHETTY S/O LATE HOVAPPA SHETTY, AGED ABOUT 55 YEARS 1(c) M.H.JAYARAM S/O LATE HOVAPPA SHETTY, AGED ABOUT 53 YEARS 1(d) M.H.SURESH S/O LATE HOVAPPA SHETTY, AGED ABOUT 51 YEARS 1(e) M.H.SORAJA D/O LATE HOVAPPA SHETTY, AGED ABOUT 49 YEARS 1(f) M.H.PARAMESH S/O LATE HOVAPPA SHETTY, AGED ABOUT 44 YEARS 1(g) M.H.VIJAY KUMAR S/O LATE HOVAPPA SHETTY, AGED ABOUT 42 YEARS ALL ARE R/AT MAGODU ARENOOR VILLAGE, AVATHI HOBLI, KANATHI POST, CHIKKAMAGALURU TALUK AND DISTRICT.
... PETITIONERS *AMENDMENT CARRIED OUT AS PER ORDER DATED 02.06.2016.
(BY SMT.ANUSHA A., ADVOCATE FOR SRI A.MADHUSUDHANA RAO, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT, M.S.BUILDING, VIDHANA SOUDHA ROAD, BENGALURU – 560 001.
2. THE CHIEF CONSERVATOR OF FOREST ARANYA BHAVAN, FOREST DEPARTMENT, 18TH CROSS, MALLESHWARAM, BENGALURU – 560 003.
3. THE DEPUTY COMMISSIONER CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT.
4. THE CONSERVATOR OF FOREST CHIKKAMAGALURU SUB-DIVISION, CHIKKAMAGALURU.
5. THE DEPUTY CONSERVATOR OF FOREST CHIKKAMAGALURU SUB DIVISION, CHIKKAMAGALURU.
6. THE RANGE FOREST OFFICER ALDOOR RANGE, ALDOOR, CHIKKAMAGALURU TALUK.
7. THE TAHSILDAR CHIKKAMAGALURU TALUK, CHIKKAMAGALURU. ... RESPONDENTS (BY SRI T.S.MAHANTHESH, AGA) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ISSUE THE SAGUVALI CHIT TO THE PETITIONER IN RESPECT OF SY.NO.38 MEASURING 9 ACRES INCLUDING 1 GUNTA OF KHARAB OF ARNOOR VILLAGE, CHIKKAMAGALURU VIDE ANNEXURE-N, P AND Q LETTER DATED 21.8.2013 & ALLOW THIS WRIT PETITION WITH COSTS.
THIS WRIT PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The learned Government Pleader takes notice for the respondents.
2. The petitioners seeks for a writ of mandamus to direct the respondent no.3 to consider the representation dated 21.08.2013, vide Annexure-N.
3. The learned Government Pleader appearing for the respondents submits that if a reasonable time is granted, the same will be considered in accordance with law.
4. In view of the submission made, the writ petition is disposed off. The respondent no.3 is directed to consider the representation dated 21.08.2013, vide Annexure-N.
5. Furthermore, the petitioners who are also the L.Rs of the original petitioner are also permitted to file representations. The Deputy Commissioner shall consider the same and pass appropriate orders in accordance with law, within a period of six months from the date of receipt of a copy of this order if such representation is made.
The learned Government Pleader is permitted to file memo of appearance within four weeks.
SD/- JUDGE Rsk/-