IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.4718 OF 2015 [KLR-RR/SUR] AND WRIT APPEAL NOS.4845-4849 OF 2015 [KLR-RR/SUR] BETWEEN:
1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA -577 201.
3. THE TALUK SURVEYOR, SHIKARIPURA TALUK, SHIKARIPURA, SHIVAMOGGA DISTRICT-577 427.
4. THE PRINCIPAL SECRETARY, MINISTRY OF FOREST, STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001.
5. THE DEPUTY FOREST OFFICER, SAGARA DIVISION, SHIVAMOGGA CIRCLE, SAGARA, SHIVAMOGGA DISTRICT-577 401.
... APPELLANTS (BY SMT. ANITHA N., HIGH COURT GOVERNMENT PLEADER) AND 1. SRI. BASAVANYAPPA, SON OF LATE APINAKATTE HALADAPPA, AGED ABOUT 63 YEARS, RESIDING AT MAJI SUBHEDAR KERI, SHIKARIPURA-577 427, SHIVAMOGGA DISTRICT.
2. SRI. SHIVALINGAPPA, SON OF SHANKARAPPA PARIVALADA, AGED ABOUT 48 YEARS, RESIDING AT SHANTHA NILAYA, MAHASATHI KERI, SHIKARIPURA-577 427, SHIVAMOGGA DISTRICT.
3. SMT. APINAKATTE SAVITHRAMMA, WIFE OF KARIYAPPA, AGED ABOUT 75 YEARS, RESIDING AT DODDA KERI, SHIKARIPURA-577 427, SHIVAMOGGA DISTRICT.
4. SRI. GUTTI KANNAPPA B.R., SON OF RAMAPPA B., AGED ABOUT 35 YEARS, RESIDING AT AGASARA KERI, MASUSUR ROAD, SHIKARIPURA-577 427, SHIVAMOGGA DISTRICT.
5. SMT. SAYIRA BANU, WIFE OF LATE P.TAJ PEER SAB, AGED ABOUT 60 YEARS, RESIDING AT HONADA KERI (THEER BEEDI) SHIKARIPURA-577 427. SHIVAMOGGA DISTRICT.
6. SMT. DR. RUPA MANJUNATH, WIFE OF MANJUNATH S.H., DAUGHTER OF HANUMANTHAPPA, AGED ABOUT 48 YEARS, SRI. MANJUNATHA NILAYA, S.S.ROAD, SHIKARIPURA-577 427, SHIVAMOGGA DISTRICT.
... RESPONDENTS (BY SMT. MUNSURA K.P. ADVOCATE FOR SRI. SIDDARTH B. MUCHANDI, ADVOCATES FOR R1; SRI.H.S.CHANDRAMAULI, ADVOCATE FOR R2-R6 ABSENT) THESE WRIT APPEALS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 21876-21879 OF 2015 AND 21880-21881 OF 2015 DATED 26/05/2015.
***** THESE WRIT APPEALS COMING ON FOR ORDERS, THIS DAY RAVI MALIMATH, J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed dated 26.05.2015 in Writ Petition No.21876-21879 and 21880-21881 of 2015 (KLR-RR/SUR) by the learned single judge in directing the Deputy Commissioner to consider Annexure – H and to pass appropriate orders for resurvey of the alleged land in question, the respondent therein has filed this appeal.
2. The learned Government Advocate submits that the land belongs to the State as such it is a forest land. The Tribunal by its report in the year 1980 has stated that the land is a Gomal land. That the report also indicates that the petitioners are in occupation in a part of the said land. The learned Government Advocate continuously pleads that it is a forest land and therefore the petitioners have no right over the same. Under such circumstances, the learned Single Judge was of the view that it is appropriate to ascertain with regard to the occupation of the petitioners and the occupation of the State. It was further held that all further rights will be determined subject to the verification of such re-survey as directed.
3. However, on hearing learned counsels, we do not find any error in the order passed by the learned Single Judge. What has been ordered was the re-survey of land in question. The right of the State as well as the petitioners will be determined based on the survey conducted by the State. Therefore, we do not find any right of the State that is being affected by such an order. The order only indicates the conduct of a survey. Hence, the order of the learned single judge is clarified to the said extent.
The petitioners are also permitted to participate in the said survey to be carried out by the respondent-State.
The appeal is disposed off.
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JUDGE JUDGE Snc