IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.16498 OF 2019 (GM - FOR) BETWEEN:
SRI MANJUNATH @ MANJAPPA S/O SAGANAPPA AGED ABOUT 39 YEARS OCC: AGRICULTURE R/O YAREHALLI AMRUTHA PURA HOBLI TARIKERE TALUK-577 228.
(BY SMT. ARCHANA MURTHY P., ADV.,) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF FOREST VIDHAN SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-01 REP. BY ITS SECRETARY 2. THE RANGE FOREST OFFICER TARIKERE RANGE TARIKERE-577 228.
3. THE AUTHORISED OFFICER AND ASSISTANT FOREST CONSERVATOR TARIKERE SUB-DIVISION TARIKERE-577 228.
(BY SRI VIJAY KUMAR A.PATIL, AGA) … PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF THE R-3, DATED 25.03.2019, VIDE ANNEXURE-H AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Archana Murthy.P, learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent.
Petition is admitted for hearing. With the consent of both the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 25.03.2019 passed by the third respondent, by which an order of eviction has been passed against the petitioner under Section 64-A of the Karnataka Forest Act, 1963.
3. When the matter was taken up today, learned counsel for the petitioner fairly submitted that against the impugned order, an appeal lies under Section 64A (3) of the Karnataka Forest Act, 1963 before the Appellate Authority. The petitioner be granted liberty to file an appeal before the Appellate Authority.
4. In view of the aforesaid submission and in the facts of the case, the petition is disposed with liberty to the petitioner that in case he files an appeal along with the application for stay before the Appellate Authority, the same shall be considered within a period of one week from the date of filing of stay application and shall decide the appeal by a speaking order after hearing the parties within a period of four months from the date of filing of appeal. Till such application is filed for stay, the petitioner shall not be dispossessed from the land, which is in his occupation.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, petition is disposed of.
Sd/- JUDGE VMB