IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.16097-16101/2018 AND 23745-23758/2018 (GM-FOR) BETWEEN:
1. SRI. MUNIKEMPANNA S/O. LATE MUNIVEERAPPA, AGED ABOUT 65 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.
2. SRI. NARAYANASWAMY S/O. LATE CHIKKAMUNIYAPPA, AGED ABOUT 58 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.
3. SRI. PRABHAKAR S/O. LATE CHIKKANALLURAPPA, AGED ABOUT 38 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.
4. SRI. D. NARAYANA SWAMY S/O. DODDA SIDDAPPA, AGED ABOUT 72 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.
5. SRI. NAGARAJU S/O. VENKATARAYAPPA, AGED ABOUT 38 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.
6. SRI. MUNISHAMAPPA S/O. BHEERAPPA, AGED ABOUT 58 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.
7. SRI. MUNIYAPPA S/O. MUNIVEERAPPA, AGED ABOUT 64 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.
8. SRI. MUNIKRISHNAPPA S/O. DODDAMUNIYAPPA, AGED ABOUT 58 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK-562101 CHICKBALLAPUR DISTRICT.
9. SRI. MUNINARAYANAPPA S/O. CHIKKASIDDAPPA, AGED ABOUT 55 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK-562101 CHICKBALLAPUR DISTRICT.
10. SMT. PARVATHAMMA W/O. NARAYANASWAMY, AGED ABOUT 47 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK-562101 CHICKBALLAPUR DISTRICT.
11. SRI. VENKATARAMANASWAMY S/O. MUNESHWARAPPA, AGED ABOUT 49 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK-562101 CHICKBALLAPUR DISTRICT.
12. SRI. C. MUNIRAJU S/O. CHIKKANNA, AGED ABOUT 47 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK-562101 CHICKBALLAPUR DISTRICT.
13. SRI. SHANKARAPPA S/O. MUNIYAPPA, AGED ABOUT 36 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK-562101 CHICKBALLAPUR DISTRICT.
14. SRI. C. MANJUNATH S/O. CHIKKANNA, AGED ABOUT 35 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK-562101 CHICKBALLAPUR DISTRICT.
15. SRI. MALAPPA S/O. CHIKKASIDDAPPA, AGED ABOUT 52 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK-562101 CHICKBALLAPUR DISTRICT.
16. SRI. MOHAN S/O. VENKATARAYAPPA, AGED ABOUT 52 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK-562101 CHICKBALLAPUR DISTRICT.
17. SRI. MUNINARAYANAPPA S/O. LATE MUNIMUTTHAPPA, AGED ABOUT 60 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK-562101 CHICKBALLAPUR DISTRICT.
18. SMT. MUNIRATHNAMMA W/O. MUNIYAPPA, AGED ABOUT 52 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK-562101 CHICKBALLAPUR DISTRICT.
19. SMT. MUNIVENKATAMMA W/O. ANJANAPPA, AGED ABOUT 45 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.
(BY SRI. SRINIVASA S. B., ADV.) ... PETITIONERS AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001.
2. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, FOREST DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001.
3. THE DEPUTY COMMISSIONER, CHICKBALLAPUR DISTRICT, CHICKBALLAPUR - 562 101.
4. THE ASSISTANT COMMISSIONER, CHICKBALLAPUR DISTRICT, CHICKBALLAPUR - 562 101.
5. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, ARANYA BHAVAN, MALLESHWARAM, BENGALURU - 560 003.
6. THE TAHSILDAR, SIDLAGHATTA TALUK, SIDLAGHATTA – 562 101. CHICKBALLAPUR DISTRICT.
7. THE SUPERINTENDENT, LAND SURVEYOR DEPARTMENT, SIDDLGHATTA TALUK – 562 101, CHICKABALLAPUR DISTRICT.
... RESPONDENTS (BY SRI. SRIDHAR N. HEGDE, HCGP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FORM FOR DECLARING AREA AS A FOREST LAND AND MAP PREPARED THEREUNDER DATED:9.5.2015 A COPY OF WHICH IS PRODUCED AT ANNEXURE-F AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS FOR REGULARIZATION AND TO ISSUE SAGUVALI CHIT, COPIES OF WHICH ARE PRODUCED AT ANNEXURE-G TO L.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Srinivasa S.B., learned counsel for the petitioner.
Sri.Sridhar N.Hegde, learned High Court Government Pleader for the respondents.
2. Petitions are admitted for hearing. With the consent of the parties, same are heard finally.
3. In these petitions under Articles 226 & 227 of the Constitution of India, the petitioners inter alia seek for a writ of mandamus directing the respondents to consider the representations submitted by them for regularization.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the writ petitions may be disposed of with a direction to the respondents to consider the representations submitted by the petitioners vide Annexures-G to L in accordance with law.
5. On the other hand, learned High Court Government Pleader for the respondents submitted that the representations submitted by the petitioners shall be dealt with in accordance with law, if not already decided.
6. In view of the submissions made and in the facts of the case, writ petitions are disposed of with a direction to the competent authority to consider and decide the representations submitted by the petitioners, if not already decided, in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
7. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE PKS