IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.39316/2013 & 3967-3983/2014 (GM FOR) BETWEEN 1. SRI VENKATAPPA, S/O THIMMAIAH, AGED ABOUT 50 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT-572130 2. SRI. SIDDAIAH S/O CHIKKAIAH AGED ABOUT 56 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT-572130 3. SMT. PARVATHAMMA AGED ABOUT 47 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 4. SRI. SANNAMARI S/O RUDRAIAH AGED ABOUT 60 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 5. SMT. SUJATHA W/O GOVINDAIAH AGED ABOUT 59 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 6. SRI MARIYAPPA S/O GANGANNA AGED ABOUT 51 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 7. SMT. GUNDAMMA W/O LATE GANGARANGAIAH, AGED ABOUT 52 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 8. SRI GANGADARAIAH S/O GOLLAIAH AGED ABOUT 53 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 9. SRI. SANNAMARI S/O CHIKKAIAH AGED ABOUT 60 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 10. SRI. THIMMAPPA S/O MUDLAPPA AGED ABOUT 57 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 11. SRI VENKATAPPA S/O CHIKKAIAH AGED ABOUT 70 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 12. SRI ERANNA S/O LAKKANNA AGED ABOUT 61 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 13. SMT. GOWRAMMA W/O THIMMAPPA AGED ABOUT 49 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 14. SRI CHIKKANNA S/O ANDANAIAH AGED ABOUT 56 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 15. SRI GANGADHARAIAH S/O THAMMAIAH AGED ABOUT 62 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 16. SRI V.N. RANGAIAH AGED ABOUT 61 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 17. SRI GANGADARAIAH S/O GANGANNA AGED ABOUT 69 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 18. SRI. DODDAHANUMEGOWDA S/O HANUMAIAH AGED ABOUT 56 YEARS R/O CHOUDARIPALYA, KASABA HOBLI, KUNIGAL TALUK-572130 ... PETITIONERS (BY SRI SIDDAMALLAPPA P M, ADVOCATE - ABSENT) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY FOREST DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001.
3. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR-572101.
4. THE ASSISTANT COMMISSIONER TUMKUR SUB-DIVISION TUMKUR-572101.
5. THT TAHSILDAR KUNIGAL TALUK KUNIGAL-572130.
6. THE RANGE FOREST OFFICER KUNIGAL RANGE, KUNIGAL-572130.
7. THE AUTHORISED OFFICER AND ASSISTANT CONSERVATOR OF FOREST, TUMKUR SUB-DIVISION, TUMKUR-572101. ... RESPONDENTS (BY SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R7.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DT.5.8.2013 ANN-B ISSUED TO THE PETITIONERS INDIVIDUALLY BY THE R-7 AT ANNX-B ETC.
THESE WRIT PETITIONS COMING ON FOR “PRELIMINARY HEARING IN ‘B’ GROUP”, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioners.
Smt.Niloufer Akbar, Learned Additional Government Advocate for Respondent Nos.1 to 7.
In these petitions under Article 226 and 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 5.8.2013 issued by Respondent No.7.
2. When the matters were taken up today, learned Addl.Government Advocate pointed out that, under Section 64-A(3) of Karnataka Forest Act,1963 (herein after referred to as ‘the Act’ for short) the petitioners have alternative and efficacious remedy of filing an appeal to the appellate authority and therefore, the petitions may be disposed of with liberty to the petitioners to avail of the alternative remedy.
3. I have considered the submission made by the learned Additional Government Advocate and perused the record.
4. On perusal of Section 64-A(3) of the Act, it is evident that the petitioners have an alternative efficacious remedy.
5. Accordingly, it is directed that, in case the petitioners file appeal within a period of three weeks from the date of receipt of certified copy of the order passed today before the appellate authority, the appellate authority shall deal with the appeal which may be preferred by the petitioners as expeditiously as possible. Till the appeal is filed by the petitioners, the ad interim granted by this Court on 28.01.2014 shall continue.
6. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petitions are disposed of.
Sk/- CT-HR Sd/- JUDGE