Disposed

Sri. C. Nagaraju v. State of Karnataka

Karnataka HC2 Nov 2020WP/8200/2015

Case brief

AI extract

What is this about?

High Court disposed of writ petitions filed by landowners belonging to Kariyappa Family. It directed the forest department to determine if specific parcels fall under forest area, provide oral hearing to affected petitioners, and refrain from displacing them pending a final decision.

What did the court decide?

Directed forest department to determine if land falls under forest area, provide oral hearing, permit production of documents, and not displace petitioners pending final decision.

Sri. C. Nagaraju Vs State of Karnataka — Land Acquisition | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 02^ND DAY OF NOVEMBER 2020

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BEFORE

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THE HON’BLE MR. JUSTICE P. B. BAJANTHRI

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W.P. No.8199/2015 c/w W.P.Nos.8200/2015,

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8201/2015 and 8202/2015 (GM-FOR)

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IN W.P.No.8199/2015

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BETWEEN:

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SRI. NARAYANAPPA S/O LATE PAPAIAH AGED ABOUT 70 YEARS,

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SRI. CHOWDAPPA S/O LATE PAPAIAH AGED ABOUT 60 YEARS,

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SRI.ERANNA S/O NARAYANAPPA AGED ABOUT 48 YEARS,

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ALL RESIDING AT CHOKKANAHALLI MARENAHALLI DHAKALE BAGALUR POST JALA HOBLI BANGALORE NORTH TALUK – 562149

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… PETITIONERS

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(BY SRI.A.SAMPATH, ADVOCATE FOR P2 AND P3 (FRESH VAKALATH FILED); SMT.RASHMI PATEL, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY DEPARTMENT OF FOREST ARANYA BHAVAN MALLESHWARAM BENGALURU - 560003

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THE ASSISTANT CONSERVATOR OF FOREST BANGALORE NORTH SUB DIVISION MALLESHWARAM BENGALURU - 560003.

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THE TAHSILDAR BANGALORE NORTH TALUK BENGALURU - 560001.

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… RESPONDENTS

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(BY SRI. LAKSHMINARAYAN, AGA)

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IN W.P. NO.8200 OF 2015

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BETWEEN:

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SRI.C.NAGARAJU AGED ABOUT 53 YEARS S/O LATE CHOKKANAHALLI R/AT MARENAHALLI DHAKALE BAGALUR POST, JALA HOBLI BENGALURU NORTH TALUK-562149.

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… PETITIONER

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(BY SRI.A.SAMPATH., ADVOCATE )

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AND:

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STATE OF KARANATAKA BY DEPARTMENT OF FOREST ARANYA BHAVAN, MALLESHWARAM BENGALURU - 560003

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THE ASSISTANT CONSERVATOR OF FOREST BENGALURU NORTH SUB DIVISION MALLESHWARAM BENGALURU-560003.

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THE TAHSILDAR BENGALURU NORTH TALUK BENGALURU-560001.

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… RESPONDENTS

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(BY SRI. LAKSHMINARAYAN, AGA)

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IN W.P. NO.8201 OF 2015

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BETWEEN:

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SRI. MUNIVENKATAPPA AGED ABOUT 65 YEARS S/O LATE BACHAPPA

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SRI. RAMAKRISHNAPPA AGED ABOUT 54 YEARS S/O LATE BACHAPPA

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SRI.MUNIYAPPA S/O LATE AKKANNAPPA AGED ABOUT 45 YEARS ALL ARE RESIDING AT CHOKKANAHALLI BAGALUR POST-562 149 JALA HOBLI, BENGALURU NORTH TALUK.

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… PETITIONERS

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(BY SRI.A.SAMPATH., ADVOCATE FOR P1 (FRESH VAKALATH FILED), SMT.RASHMI PATEL, ADVOCATE)

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AND:

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STATE OF KARANATAKA BY DEPARTMENT OF FOREST

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ARANYA BHAVAN, MALLESHWARAM BENGALURU - 560003

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THE ASSISTANT CONSERVATOR OF FOREST BENGALURU NORTH SUB DIVISION MALLESHWARAM BENGALURU - 560003.

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THE TAHSILDAR BENGALURU NORTH TALUK BENGALURU - 560001.

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… RESPONDENTS

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(BY SRI. LAKSHMINARAYAN, AGA)

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IN W.P. NO.8202 OF 2015

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BETWEEN:

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SRI. VENKATARAYAPPA AGED ABOUT 72 YEARS S/O LATE BACHAPPA RESIDING AT CHOKKANAHALLI, MARENAHALLI DHAKALE, BAGALUR POST-562 149 JALA HOBLI, BENGALURU NORTH TALUK.

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… PETITIONER

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(BY SRI.A.SAMPATH., ADVOCATE )

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AND:

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STATE OF KARANATAKA BY DEPARTMENT OF FOREST ARANYA BHAVAN, MALLESHWARAM BENGALURU – 560 003

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THE ASSISTANT CONSERVATOR OF FOREST BENGALURU NORTH SUB DIVISION MALLESHWARAM BENGALURU-560003.

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3. THE TAHSILDAR BENGALURU NORTH TALUK BENGALURU - 560001.

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… RESPONDENTS

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(BY SRI. LAKSHMINARAYAN, AGA)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO TAKE LAW IN TO THEIR HANDS TO ENTER UPON THE LAND OF THE PETITIONER AND OR DISPOSSESSING HIM FROM THE LAND OF THE PETITIONER WITHOUT THE DUE PROCESS OF LAW AS SET OUT IN SECTION 64A OF THE KARNATAKA FOREST ACT AND ETC.

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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In the instant petitions, petitioners have sought for

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the following reliefs in all the cases:-

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“i) Issue a writ in the nature of mandamus directing the respondents not to take law in to their hands to enter upon the land of the petitioners and or dispossessing them from the land of the petitioners without the due process of law as set out in Section 64A of the Karnataka Forest Act.

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ii) Pass such other orders or further orders as this Hon’ble Court deems fit to grant in the facts and circumstances of the case and so as to meet the ends of justice and equity.”

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The respondents – State have filed statement of objections along with Annexure – R1 to R7. The learned State counsel on instructions submitted that respondents have taken appropriate steps in accordance with the statute in force read with relevant revenue records so as to determine whether lands cited on behalf of the petitioners in their petitions would fall under the forest area or not.

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On perusal of Annexures R1 to R7, it is evident that forest department has taken necessary steps to determine whether Sy.Nos.173 and 182 to the extent of 130 acres and 250 acres situated at Marenahalli and Marasandra respectively reserved for forest area. If the petitioners are not in possession of the aforesaid lands, the forest department is hereby directed to take all necessary steps including providing oral hearing to the petitioners so also petitioners are permitted to produce relevant

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documentary evidence to establish that the disputed land would not fall under the forest area. The above exercise shall be completed within six months from the date of receipt of this order after due opportunity given to the affected persons.

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With the above observations, writ petition stands disposed of.

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Till a final decision is taken by the competent authority – forest department/revenue authorities, the petitioners shall not be displaced from the aforesaid survey numbers, if they were not already displaced as on this day.

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Sd/JUDGE

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MH/-

Sri. C. Nagaraju v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. C. Nagaraju v. State of Karnataka

Case brief

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