IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA WRIT PETITION Nos.1055-1071/2015 (GM-FOR) C/W WRIT PETITION Nos.723-737/2015 & WRIT PETITION Nos.857-860/2015 W.P. Nos. 1055-1071/2015 BETWEEN:
1. Sri Ravi, Aged about 45 years, S/o Late Venlayudan & Janaki.
2. Sri Muniswamy, Aged about 80 years, S/o Late Chellamuttu.
3. Sri Sannathamma, Aged about 70 years, S/o Papaiah.
4. K. Prema, W/o Velayudan, Dead by her L.Rs:
4(a) Smt. Vinutha, Aged 36 years, W/o P.S. Suresha, D/o Velayudan & K. Prema.
5. Neelamma, W/o Kannaiah, Dead by her L.R.
5(a) Sri Annamalai, Aged about 70 years, S/o Kannaiah.
6. Sri Sannashivaiah, Aged about 65 years, S/o Late Javaraiah.
7. Sri Kariyaiah, Aged about 55 years, S/o Late Mariyaiah.
8. Jadiaiah, S/o Late Palaniswamy, Dead by his L.R.
8(a) Sri Veluswamy, Aged about 43 years, S/o Late Jadigaiah.
9. Sri Sivalingaiah, Aged about 58 years, S/o Kariyaiah.
10. Kariyanna, S/o Late Dasegowda, Dead by his L.R.
10(a) Sri Mahendra, Aged about 34 years, S/o Kariyanna.
11. Smt. Sivalingamma, Aged about 60 years, W/o Late Rachaiah.
12. Smt. Gowramma, Aged about 65 years, W/o Sannakalaiah.
13. Sri Devaraja, Aged about 42 years, S/o Sanna Kalaiah.
14. Sri Nagegowda, Aged about 60 years, S/o Karigowda.
15. Smt. Muniyamma, Aged about 70 years, S/o Late Venkatesha.
16. Sri M.S. Mohammed, Aged about 72 years, S/o Yusuf.
17. Sri C.K. Kalaiah, Aged about 70 years, S/o Kalaiah.
All are residents of:
Doodahonnuru Kavalu Village, Bylakuppe Post, Haranahally Hobli, Periyapatna Taluk, Mysore District – 571 107. ... Petitioners (By Sri B.S. Nagaraj, Advocate) AND:
1. The State of Karnataka, Rep. by its Principal Secretary, Department of Forest, M.S. Building, Dr. B.R. Ambedkar Veedi, Bengaluru – 560 001.
2. The Principal Chief Conservator of Forests, (Head of Forest Force), ‘Aranya Bhavan’, 4th Floor, 18th Cross, Malleswaram, Bengaluru – 560 003.
3. The Range Forest Officer, Periyapatna Range, Periyapatna, Periyapatna Taluk, Mysore District – 571 107.
4. The Deputy Conservator of Forest, Hunsur Sub-Division, Hunsur – 571 105.
5. The Deputy Commissioner, Mysore District, Mysore – 570 001.
6. The Tahsildar, Periyapatna Taluk, Periyapatna – 571 107, Mysore District. ... Respondents (By Sri Vasanth V. Fernandes, HCGP) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to (a) quash the notice issued by the R-3 Range Forest Officer, Periyapatna Taluk, reference dated 22.12.2014 at Annexure-T and etc.
W.P. Nos.723-737/2015 & W.P. Nos.857-860/2015 BETWEEN:
1. Sri S.J. Annaiah, Aged about 46 years, S/o Late Javaranaika.
2. Smt. Puttamma, Aged about 62 years, W/o late Thammaiah Naika.
Petitioner Nos.1 to 2 are residents of: Handhigudda Kaval Village & Post, Haranahally Hobli, Periyapatna Taluk, Mysore District – 571 107.
3. Annaiah Shetty @ Annaiah, S/o Late Papashetty, Dead by his L.Rs 3(a) Sri Nagaraja, Aged about 36 years, S/o Late Annaiah Shetty @ Annaiah, 3(b) Sri Harish, Aged about 32 years, S/o Late Annaiah Shetty @ Annaiah 3(c) Sri Mani, Aged about 28 years, S/o Late Annaiah Shetty @ Annaiah.
4. Sri Palaniswamy, Aged about 60 years, S/o Late Rangaswamy.
5. Smt. Kamalamma, Aged about 57 years, W/o Palaniswamy.
6. Sri K.V. Mohan, Aged about 58 years, S/o Late Mallappa.
7. Sri B.G. Santosh, Aged about 35 years, S/o K.V. Gopal.
8. Sri Sadashivaiah, Aged about 50 years, S/o N.M. Mallaiah.
9. Sri M.S. Munavar, Aged about 52 years, S/o Mohammed Salia.
10. Sri Kempaiah, Aged about 70 years, S/o Doddaswamaiah.
11. Smt. Kathyani, Aged about 55 years, S/o Chandran.
12. Sri Annaiah, Aged about 65 years, S/o Late Javaregowda.
13. Sri Shivanna, Aged about 50 years, S/o Kalaiah.
Petitioner Nos.3(a) to 3(c) & 4 to 13 Are residents of Doodahonnuru Kavalu Village, Bylakuppe Post, Haranahalli Hobli, Periyapatna Taluk, Mysore District – 571 107.
14. Smt. Bhadramma, Aged about 70 years, W/o Late Hutchaiah.
15. Mohammed Gouse, Dead by his L.Rs.
15(a) Sri Ashkar Unnisa, Aged about 70 years, W/o Late Mohammed Gouse.
15(b) Smt. Nasira Banu, Aged about 37 years, D/o Late Mohammed Gouse.
15(c) Sri Akram, Aged about 34 years, S/o Late Mohammed Gouse.
Petitioner Nos.14, 15(a) to 15(c) Are residents of:
Chikka Honnur Village, Bylakuppe Post, Haranahalli Hobli, Periyapatna Taluk, Mysore District – 571 107. ... Petitioners (By Sri B.S. Nagaraj, Advocate) AND:
1. The State of Karnataka, Rep. by its Principal Secretary, Department of Forest, M.S. Building, Dr. B.R. Ambedkar Veedi, Bengaluru – 560 001.
2. The Principal Chief Conservator of Forests, (Head of Forest Force), ‘Aranya Bhavan’, 4th Floor, 18th Cross, Malleswaram, Bengaluru – 560 003.
3. The Range Forest Officer, Periyapatna Range, Periyapatna, Periyapatna Taluk, Mysore District – 571 107.
4. The Deputy Conservator of Forest, Hunsur Sub-Division, Hunsur – 571 105.
5. The Deputy Commissioner, Mysore District, Mysore – 570 001.
6. The Tahsildar, Periyapatna Taluk, Periyapatna – 571 107, Mysore District. ... Respondents (By Sri Vasanth V. Fernandes, HCGP) ***** These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice issued by the R-3 Range Forest Officer, Periyapatna Taluk, dated nil, December 2014, 22.12.2014 and nil, December 2014 vide Annexure-Q, R, S respectively and etc.
These Writ Petitions coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:
O R D E R The petitioners, who claim to be the agriculturists are before this Court seeking for a writ of certiorari to quash the notices dated 22.12.2014 at Annexures-T, V, W, X, Y and Z in Writ Petition Nos.1055-1071/2015 and notices dated 22.12.2014 at Annexures-Q, R, S in W.P.Nos.723-737/2015 and 857-860/2015 issued by the third respondent – Range Forest Officer, Periyapatna, Mysuru District.
2. The petitioners mainly contend that they were granted the lands in question as per the table mentioned at para-2 of the memorandum of writ petition. The petitioners contend that they are not unauthorized occupants as stated in the impugned notices and have not encroached any portion of the government lands. It is further contended that in the notices, it is specifically stated that they have to vacate the lands in question within five days, failing which, action would be initiated to evict them without intimation. Aggrieved by the same the petitioners are before this Court.
3. This Court, while issuing notice to the respondents has granted interim order for a period of three months. Subsequently, the interim order was not extended. The respondent Authorities, in particular, the third respondent has not proceeded further with any precipitative action.
4. I have heard the learned counsels for the parties to the lis.
5. These writ petitions filed against the impugned notices issued by the third respondent to take action against the petitioners within five days and evict them without any intimation are not maintainable, because it is for the petitioners to show cause and produce the documents before the respondent Authorities to prove that they are not unauthorized occupants and it is for the respondent Authorities to consider the documents and pass appropriate orders thereon.
6. It is noticed that since the respondent Authorities have not taken any action pursuant to the impugned notices till today, this Court is of the considered opinion that an opportunity of hearing is to be afforded to the petitioners to file their objections to the impugned notices that they are in possession of lands by virtue of grant.
7. Accordingly, these petitions are disposed off.
The petitioners are directed to approach the third respondent within a period of thirty days from the date of receipt of a copy of this order alongwith the documents to prove that they are not encroachers. If such objections are filed alongwith the documents by the petitioners, it is for the competent Authority to consider the objections in response to the show cause notices and pass appropriate orders in accordance with law, after affording an opportunity to hearing to the petitioners.
8. However, it is made clear that till such consideration by the competent Authority, the respondents shall not take any precipitative action to evict the petitioners from the lands in question.
Sd/- JUDGE VGR