High Court disposed petition directed Forest Rights Committee and Gram Panchayat to consider petitioner's representation on forest land rights within four months without deciding merits.
Direction to Respondents Nos. 6 and 7 to consider petitioner's representation on forest rights within four months.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 6TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO. 146261 OF 2020 (GM-FOR)
BETWEEN:
BALAPPA S/O.SHIVAPPA KALERI AGE : 38 YEARS,OCC : AGRICULTURIST R/O : KHANAGAON K.H.VILLAGE-591344 TQ AND DIST : BELAGAVI.
...PETITIONER
(BY SRI. B. M. ANGADI AND RATNAMALA G. H., ADVOCATES)
AND:
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…RESPONDENTS (BY SRI. V.S. KALASURMATH, HCGP FOR R1 TO R5) (SERVICE OF NOTICE TO RESPONDENT NOS.6 AND 7 HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION, IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION PRODUCED AT ANNEXURE-C AND FURTHER, ISSUE A WRIT OR ORDER OR DIRECTION, IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO GRANT AN EXTENT OF 3 ACRES OUT OF SY.NO.89 OF KHANAGAON VILLAGE, (GRAM PANCHAYAT, ASHTE VILLAGE), TQ AND DIST BELAGAVI OF FOREST LAND AS PRAYED IN ANNEXURE-D AND D3.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT, MADE THE FOLLOWING:
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ORDER
In this writ petition, the petitioner has sought for the following reliefs:
in support of his claim, having regard to the specific assertions on the part of the petitioner that his representation at Annexure-C dated 25.08.2014 has not been considered by the respondents and no orders have been passed so far, without expressing any opinion on the merits/ demerits of the rival contentions, I deem it just and proper to dispose off this writ petition directing respondent Nos.6 and 7 to consider the said
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representation of the petitioner, if not already considered, in accordance with law, within a period of four months from the date of receipt of a copy of this order. Ordered accordingly.
Subject to the aforesaid direction, writ petition stands disposed off.
Sd/JUDGE
CKK CT:TAB
2 issues framed by the court
Whether the petitioner's representation regarding forest rights was considered by the respondents.
Whether to direct the respondents to grant forest land extent of 3 acres out of Sy. No.89.
2 provisions across 2 enactments
Balappa S/o. Shivappan Kaleri
State of Karnataka
Department of Forest
Deputy Commissioner
Assistant Director
Chairman, Forest Rights Committee
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
