IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.48908 OF 2013 (GM - FOR) AND WRIT PETITION NO.49320 OF 2013 (GM – FOR) BETWEEN:
1. SRI.R.M.ASHOK KUMAR AGED ABOUT 46 YEARS S/O LATE R.S.MITTALAL 2. SRI.R.M.SANTOSH KUMAR AGED ABOUT 43 YEARS S/O LATE R.S.MITTALAL BOTH RESIDING AT TULASI WATIKA ESTATE, CHIKKOLALE, HAREKOLALE POST CHIKAMAGALORE – 577 101.
(BY SRI.NATARAJ R, ADV. - ABSENT) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST M.S.BUILDING BANGALORE – 560 001.
2. THE DEPUTY CONSERVATOR OF FORESTS CHIKAMAGALUR SUB DIVISION CHIKAMAGALUR – 577 101.
… PETITIONERS 3. THE ASSISTANT CONSERVATOR OF FORESTS CHIKAMAGALUR SUB DIVISION CHIKAMAGALUR – 577 101.
4. THE RANGE FOREST OFFICER CHIKAMAGALUR RANGE CHIKAMAGALUR – 577 101.
(BY MS.NILOUFER AKBAR, AGA FOR R1 - 4) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE RESPONDENTS HAVE NO AUTHORITY IN LAW TO INITIATE ANY ACTION AGAINST THE PETITIONERS IN RESPECT OF THE SCHEDULE LANDS UNDER KARNATAKA FOREST ACT AS PER ANNEXURE – E AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None appear for the petitioner.
Ms.Niloufer Akbar, learned Additional Government Advocate for the respondents.
Perused the records.
2. In these petitions, the petitioners inter alia seeks for declaration that the respondents have no authority to issue show cause notice to the petitioners under the provisions of the Karnataka Forest Act, 1963 (for short the ‘Act’).
3. From the perusal of the records, it appears that the petitioners are claiming to be the owners of the land in question. However, a notice under Section 64-A of the Act was issued to the petitioners asking them to produce the documents in support of their case and to appear. Being aggrieved, the petitioners have filed these writ petitions.
4. A Bench of this Court while entertaining the writ petitions, by an ad-interim order dated 31.10.2013 had directed to maintain status-quo with regard to the possession and status of the property.
5. Learned Additional Government Advocate for the respondents submitted that in view of the aforesaid interim order dated 31.10.2013, no further action in the matters have been taken.
6. In view of the aforesaid submission and in the facts of the case, I deem it appropriate to dispose of the writ petitions with liberty to the respondents to issue fresh notice to the petitioners and thereafter, afford an opportunity of hearing them and to pass orders in accordance with law.
7. Till the proceedings under Section 64-A of the Act are concluded by the respondents, an ad-interim order granted by this Court vide order dated 31.10.2013, shall be continued.
8. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, writ petitions are disposed of.
Sd/- JUDGE VMB