IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE Mr. JUSTICE ALOK ARADHE WRIT PETITION Nos.48189/2018 & 57187-57196/2018(GM-FOR) BETWEEN SRI I.P. BOSU S/O LATE I. B.POOVAIAH AGED ABOUT 47 YEARS, R/O HUDIKERI POST VILLAGE, HUDIKERI SOUTH KODAGU-571249 ALSO RESIDING AT NO.27, 3RD CROSS, M.V.BLOCK, PALACE GUTTAHALLI, MALLESHWARAM BANGALORE-560 003 (BY SRI A VIJAYA SAI, ADVOCATE -ABSENT) AND 1. THE GOVERNMENT OF KARNATAKA REP. BY ITS UNDER SECRETARY DEPARTMENT OF FOREST VIDHANA SOUDHA BANGALORE -560 001 ... PETITIONER 2. THE CHIEF CONSERVATOR OF FOREST ARANYA BHAVAN MALLESHWARAM, 18TH CROSS, BANGALORE-560 003 3. THE DEPUTY CONSERVATOR OF FOREST VIRAJPET DIVISION VIRAJPET – 571 213 4. THE RANGE FOREST OFFICER PONNAMPET RANGE PONNAMPET-571 248 ... RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO NOT TO ENCROACH AND DIG TRENCHES IN THE SCHEDULE LANDS OF THE PETITIONER AND HIS BROTEHRS I.P. SUBBAIAH AND I.P. GANESHA REGARDING THE PROPERTY BEARING LANDS IN SY.NOS. 188 EXTENT 0.90 CENTS, SY.NO.182/13 EXTENT 0.24 CENTS, SY.NO.182/14 EXTENT 0.14 CENTS, SY.NO.182/9 EXTENT 0.15 CENTS, SY.NO.182/12 EXTENT 1-80 CENTS, SY.NO.182/15 EXTENT 1 ACRE, SY.NO.182/29 EXTENT 1 ACRE, SY.NO.187 EXTENT 0.64 CENTS IN BEGUR AND ALSO THE SY.NOS.349/2 EXTENT 1-04 CENTS, SY.NO.349/3 EXTENT 2.08 CENTS SY.NO.347/4 EXTENT 0-17 CENTS, SITUATED IN HUDIKERI VILLAGE, SOUTH KODAGU DISTRICT – 571249.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT PASSED THE FOLLOWING;
O R D E R None appears for the petitioner.
Sri Vijayakumar A. Patil, AGA for the respondents.
The petitions are admitted for hearing. With the consent of learned AGA for the respondents, the petitions are heard finally and records are perused.
2. In these petitions, the petitioner inter alia seeks for writ of mandamus directing respondents not to encroach and dig trenches in the lands of the petitioner and his brothers, namely; I.B. Subbaiah and I.P. Ganesha, namely; the properties in Begur bearing Survey Nos. 188, 182/13, 182/14, 182/9, 182/12, 182/15, 182/29 and Survey No.187, measuring 0.90 cents, 0.24 cents, 0.14 cents, 0.15 cents, 1.80 cents, 1 acre, 1 acre and 0.64 cents, respectively, and the properties in Hudikeri Village bearing Survey Nos.
349/2, 349/3 and Survey No. 347/4 measuring 1.04 cents, 2.08 cents and 0.17 cents, respectively.
3. When these matters were taken up today, Sri Vijaykumar A. Patil, learned AGA inviting attention of this Court to Para No.7 of the statement of objections submitted that the respondents are not digging any trenches in the lands belonging to the petitioners and they are digging trenches in the lands bearing Survey Nos.182/2 and 182/25 of Begur and Survey No.175/1 of Chinivada Village, which are Forest Lands. Para No.7 of the objections reads as under:
“It is submitted that, the Respondent No.4 as per the regular schedule of has dug the trench in Sy.No.182/2, 182/25 of Begooru and 175/1 of Chinivada Village, which is a forest paisary land. The trenches are not dug in the schedule property. The trenches were dug in the month of March 2018 and not in the month of May as stated by the petitioner. The trenches were dug to protect and conserve the thick forest cover in the aforesaid properties and to avoid further encroachments from the adjacent land owners.”
4. In view of the stand taken by respondents in the objections’ statement, it is evident that no trenches have been dug on the lands belonging to the petitioner and his brothers. Therefore, the apprehension of the petitioner is misconceived.
5. Accordingly, the petitions are dismissed.
SBS* Sd/- JUDGE