Holding that the Court cannot scrutinize every individual order in a PIL when applications under the Forest Rights Act, 2006 are dismissed, the writ petition seeking quashing and protection was disposed of by directing aggrieved individuals to avail statutory remedies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF OCTOBER, 2021
PRESENT
THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 11083 OF 2019 (GM-FOR)
BETWEEN:
NORTH KANARA DISTRICT FOREST LAND RIGHTS FIGHTERS FORUM REPRESENTED BY ITS PRESIDENTSRI. A. RAVINDRA NAIK S/O NARAYAN NAIK AGED ABOUT 53 YEARS NORTH KANARA, KARWAR DISTRICT.
…PETITIONER
(BY SRI. JAYARAM N. SIDDI, ADVOCATE)
AND:
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TO SOCIAL WELFARE DEPARTMENT VIKASA SOUDHA
BENGALURU – 560 001.
DISTRICT LEVEL FOREST RIGHTS COMMITTEE & DISTRICT SCHEDULED TRIBES WELFARE OFFICER UTTARA KANNADA KARWAR – 581 401.
… RESPONDENTS
(BY SRI. V. SREENIDHI, AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS OF REJECTION PASSED BY THE SUB-LEVEL COMMITTEES AND DISTRICT LEVEL LAND RIGHTS COMMITTEES COPIES OF WHICH ARE PRODUCED AT ANNEXURE –N DATED:18.11.2017 AND 05.06.2018, ANNEXURE –N1, N5, N6, N7, N8, N10, N12, N23 DATED 03.07.2017 AND 15.06.2018 ANNEXURE –N2 DATED:01.07.2017 AND 08.06.2018, ANNEXURE-N3 DATED 03.07.2017 AND 14.06.2018, ANNEXURE –N4 DATED 01.07.2017 AND 08.06.2018 ANNEXURE-N9 DATED 01.07.2017 AND 15.06.2018, ANNEXURE –N11 DATED 03.07.2017 AND 08.06.2018; ANNEXURE – N13 DATED 03.07.2017 AND 14.06.2018, ANNEXURE-N14, N15, N16, N17, N18, N19, N20, N21, N22, DATED: 03.07.2017 AND 08.06.2018, ISSUED BY THE R-4 AND CONSEQUENTLY DIRECT THE RESPONDENTS TO RECONSIDER THE CLAIM OF THE APPLICANTS IN TERMS OF SCHEDULED TRIBES & OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FORESTS RIGHT ACT, 2006 AND FORESTS RIGHTS RULES AND TILL THEN THERE SHALL BE DIRECTION TO THE RESPONDENTS NOT TO EVACUATE THE OCCUPANTS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
Present PIL has been filed stating that certain
persons have filed applications under the Scheduled Tribes
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and other Traditional Forest Dwellers (Recognition of Forests Right) Act, 2006 and their applications have been dismissed.
Sd/JUDGE
bnv*
2 issues framed by the court
Whether the High Court can exercise jurisdiction under Articles 226 and 227 to quash orders dismissing individual applications under the Scheduled Tribes and other Traditional Forest Dwellers (Recogni
Whether the Court can scrutinize every individual impugned order when applications under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forests Right) Act, 2006 have been d
2 provisions across 2 enactments
North Kanara District Forest Land Rights Fighters Forum represented by its President Sri. A. Ravindra Naik
State of Karnataka represented by its Principal Secretary Department of Revenue
State of Karnataka represented by its Principal Secretary To Forest Department
State of Karnataka represented by its Principal Secretary To Social Welfare Department
The District Level Forest Rights Committee & District Scheduled Tribes Welfare Officer Uttara Kannada
Satish Chandra Sharma
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
