IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.40906 OF 2011 (KLR-LG) BETWEEN :
SRI. RAGHURAM S/O ANNAPPA MADIVALA AGED ABOUT 56 YEARS RESIDENT OF SOPPINAMAKKI BILAGADDE VILLAGE PO BILAGADDE KOPPA TALUK CHIKMAGALUR DISTRICT …PETITIONER (BY SHRI. K. PRASANNA SHETTY, ADVOCATE) AND :
1. STATE OF KARNATAKA BY THE DEPUTY COMMISSIONER CHIKMAGALUR DISTRICT CHICKMAGALUR 2. THE ASSISTANT COMMISSIONER CHICKMAGALUR SUB-DIVISION CHICKMAGALUR 3. THE TAHSILDAR KOPPA TALUK, KOPPA CHICKMAGALUR DISTRICT 4. G.C. RAVINDRA S/O CHINNAIAH NAIKA AGED ABOUT 50 YEARS SOPPINAMAKKI, BILAGADDE VILLAGE PO BILAGADDE, KOPPA TALUK CHICKMAGALUR DISTRICT 5. THE RANGE FOREST OFFICER KOPPA KOPPA TALUK CHICKMAGALUR DISTRICT [CAUSE TITLE AMENDED VIDE COURT ORDER DT.05.06.18] ... RESPONDENTS (BY SHRI. Y.D. HARSHA, AGA FOR R1 TO R3 & R5; R4-SERVED ) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND QUASH THE ORDER OF THE DEPUTY COMMISSIONER, CHICKMAGALUR IN NO.RP 37/2004-05 DATED 7.6.2005 MARKED VIDE ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri K.Prasanna Shetty, learned advocate for the petitioner and Shri Y.D.Harsha, learned AGA for the State.
2. The facts borne out on record disclose that petitioner was in occupation of a site measuring 30ft.x 20ft. situated in Survey No.108 of Bilagadde Village, Koppa Taluk, Chikkamagauru District. Saguvali Chit was issued to him on 27.08.2002. Fourth respondent challenged the same before the Assistant Commissioner. The Assistant Commissioner considering the appeal as one filed under Section 49 of the Karnataka Land Revenue Act, dismissed the same. Fourth respondent challenged the said order before the Deputy Commissioner and the same was allowed. Feeling aggrieved, petitioner challenged the Deputy Commissioner’s order before the Karnataka Appellate Tribunal, Bengaluru (‘the KAT’ for short). The KAT has recorded that once land in question is found to be a forest land, the authorities cannot exercise power to grant the land under the Karnataka Land Revenue Act.
3. Learned AGA opposing the petition argued by placing reliance on a Government Notification dated 14th February 2013 that Survey No.108 of Bilagadde Village has been declared as a forest land. He argued that the Tribunal following the directions issued by the Hon’ble Supreme Court in Godaverman Vs. Union of India & others [W.P.(Civil) No.202/95) has rightly dismissed the revision petition.
4. Shri Prasanna Shetty, learned advocate for the petitioner submitted that state had framed the policy in the year 2005 not to take any action against forest lands which were already granted in favour of various grantees.
5. Countering the said argument, learned AGA submitted that policy sought to be relied upon by the petitioner is based on a Government Order dated 14.03.2005(Annexure-K). However, the State Government have issued a notification dated 14th February 2013 declaring the land in Survey No.108 as a forest land.
6. I have carefully considered rival submissions and perused the records.
7. Admittedly, notification is issued by the Government on 14th February 2013. In view of the fact that Survey No.108 in which the petitioner site is carved out having been declared as a forest land, no exception can be taken to the order passed by the KAT. Resultantly, this petition fails and it is accordingly dismissed. No costs.
Sd/- JUDGE Yn.