IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No. 9953/2015(GM-FOR) BETWEEN:
SRI RATHNA KUMAR CHOWTA S/O SRI. K. SANJEEVA CHOWTA AGED ABOUT 50 YEARS OCC: AGRICULTURE R/AT MANGAJE HOUSE SANGABETTU VILLAGE BANTWAL TALUK, D.K. DISTRICT-574 219.
... PETITIONER (BY SMT. LAKSHMI DEVI.K, ADV. FOR SRI.PRASANNA V.R., ADV.) AND 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF FOREST VIDHANA SOUDHA DR. B.R. AMBEDKAR ROAD BANGALORE-560001.
2. THE DEPUTY CONSERVATOR OF FOREST D.K. DISTRICT MANGALORE-575 001.
3. THE RANGE FOREST OFFICER BANTWAL TALUK BANTWAL, D.K. DISTRICT-574 219.
... RESPONDENTS (BY SMT.NILOUFER AKBAR, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO TAKE APPROPRIATE ACTION BY CONSIDERING THE NOTICE DTD.10.3.2014, VIDE ANNEXURE-A SO AS TO REMOVE THE ENCROACHMENT AND MISUSE OF LAND BEARING SY.NO.115/1, NOW DEMARCATED AS NO.115/1P4-P1 OF SANGABETTU VILLAGE, BANTWAL TALUK, D.K. DISTRICT.
THIS WRIT PETITION COMING ON FOR PRLIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a writ of mandamus, to direct the respondent Nos.1 to 3 to take appropriate action by considering the notice dated 10.3.2014 vide Annexure-A so as to remove the encroachment of land bearing Sy.No.115/1, now demarcated as No.115/1P4-P1 of Sangabettu Village, Bantwal Taluk, D.K.District.
2. The case of the petitioner is that the land measuring 53.07 acres in Sy.No.115/1P4-P1 of Sangabettu Village, Bantwala Taluk, D.K. District is a reserved forest. With collusion of active political leaders, the respondent No.3 formed a new road-way through the forest land bearing Sy.No.115/1 now demarcated as Sy.No.115/1P4-P1. The petitioner has sent a legal notice through his advocate to the respondents requesting to take action against the encroachment in the land. Since, the respondents have not taken any action, the petitioner is before this Court.
3. The petitioner has not given any representation to the authority to take action for removal of encroachment made in Sy.No.115/1P4-P1. He has only sent legal notice through his advocate.
4. In view of the above, the petitioner is at liberty to file a detailed representation with all necessary documents to the respondent Nos.2 and 3 within four weeks from the date of receipt of copy of this order. Respondent Nos.2 and 3 are directed to consider the representation in accordance with law within three months from the date of representation.
With the above observation, the writ petition is disposed of.
Sd/- JUDGE DM