Disposed

Ramachandra Ganapati Gaonkar v. the State of Karnataka

Karnataka HC24 Mar 2021WP/146067/2020

Case brief

AI extract

What is this about?

This high court disposed of a writ petition praying for a direction against the Chief Conservation of Forest to take action under the Karnataka Land Grabbing (Prohibition) Act, 2011 for forest land encroachment alleged to be committed by the 7th respondent, following a communication from the Principal Chief Conservator of Forest. The respondent was directed to act within two months.

What did the court decide?

Directed respondent No.3 to take action in light of the communication dated 27.12.2019 issued by respondent No.2 and pass appropriate orders within two months.

Ramachandra Ganapati Gaonkar Vs the State of… — Environment and Pollution | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 24^th DAY OF MARCH, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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Writ Petition No.146067/2020 (GM-FOR)

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Between

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Ramachandra Ganapati Gaonkar, S/o. Ganapati Gaonkar, Age 59 years, Occ: Agriculturist, R/o. Beegar village, Post: Vajralli, Tq. Yellapur, Dist. Uttar Kannada – 581337.

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...Petitioner

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(By Sri. Narayan V. Yaji, Advocate)

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A n d

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The State of Karnataka, Department of Panchayat Development and Rural Development By its Chief Secretary, M.S.Building, Ambedkar Veedhi, Bengaluru-560001.

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Principal Chief Conservator of Forest, Aranya Bhavana, 18^th Cross, Malleshwaram, Bengaluru-560003.

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The Chief Conservation of Forest,

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Canara Circle, Sirsi,

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Dist. Uttara Kannada.

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The Deputy Commissioner, Uttara Kannada, Dist. Uttara Kannada.

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The Range Forest Officer, Idagundi Range, Tq. Yellapur, Dist. Uttara Kannada – 581337.

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Panchayat Development Officer, Villge Panchayat Vajrahalli, Tq. Yellapur, Dist. Uttara Kannada – 581337.

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Tammanna Narayan Gaonkar, S/o. Narayan Gaonkar, Age 47 years, Occ: Agriculturist, Taragar village, Post : Vajralli, Tq. Yellapur, Dist. Uttara Kannada – 581337.

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... Respondents

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(Smt. Seema Shiva Naik, HCGP for R1 to R5)

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This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to issue a writ in the nature of mandamus directing the 3^rd respondent to take action as against the 7^th respondent in pursuance of an order passed by the 2^nd respondent dated 27.12.2019 vide Annexure-M, to the writ petition.

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This writ petition coming on for preliminary hearing, this day, the Court made the following:

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ORDER

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This writ petition is filed seeking for a direction to the 3^rd respondent to take action against respondent No.7 in pursuance of communication dated 27.12.2019 issued by 2^nd respondent at Annexure-M.

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The 2^nd respondent by communication dated 27.12.2019 has directed the 3^rd respondent to conduct spot inspection and take appropriate action in accordance with law, with regard to encroachment of forest land and also file a case against respondent No.7 under the Karnataka Land Grabbing (Prohibition) Act, 2011, if there is encroachment of forest land. The petitioner’s grievance is that, respondent No.3 has not taken any action in pursuance of the communication dated 27.12.2019. Hence, this writ petition.

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Learned HCGP appearing for respondent Nos.1 to 5 submits that, respondent No.3 will take action in the light of the communication dated 27.12.2019 issued by respondent No.2 in accordance with law.

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Submission of the learned HCGP is taken on record.

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The writ petition is disposed of, directing the respondent No.3 to take action in the light of the communication dated 27.12.2019 issued by respondent No.2 at Annexure-M and pass appropriate orders in accordance with law, within a period of two months from the date of copy of this order.

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Sd/JUDGE

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*Svh/-

Ramachandra Ganapati Gaonkar v. the State of Karnataka

Case brief

What is this about?

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Ramachandra Ganapati Gaonkar v. the State of Karnataka

Case brief

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What did the court decide?

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