Disposed

Sri. B.P. Yagneshwara v. the State of Karnataka

Karnataka HC14 Dec 2023WP/27011/2023

Case brief

AI extract

What is this about?

In this writ petition, petitioners challenged a notice under the Karnataka Forest Act seeking an enquiry into land tenure. Upon receiving an undertaking from the State to protect possession during proceedings, the Court held there was no surviving issue for decision and disposed of the petition accordingly.

What did the court decide?

Not applicable as matter disposed without detailed relief specifying due to undertaking accepted.

Sri. B.P. Yagneshwara Vs the State of… — Public Procurement and Tenders | Karnataka HC (2023)

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NC: 2023:KHC:45460 WP No. 27011 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO.27011 OF 2023 (GM-FOR)

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BETWEEN:

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SRI B.P. YAGNESHWARA S/O. PADMEGOWDA AGED ABOUT 70 YEARS R/AT AGANI VILLAGE HANUBALU HOBLI, SAKALESHPURA TALUK HASSAN DISTRICT-573 134.

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SMT. SARALA

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Digitally signed by SHAKAMBARI Location: High Court of Karnataka

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W/O. B.P. YAGNESHWARA AGED ABOUT 60 YEARS R/AT AGANI VILLAGE HANUBALU HOBLI, SAKALESHPURA TALUK HASSAN DISTRICT-573 134.

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(BY SRI LEELADHAR H.P., ADVOCATE)

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…PETITIONERS

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AND:

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPLE SECRETARY REVENUE DEPARTMENT M.S. BUILDING, DR. AMBEDKAR ROAD, BANGALORE-560 009.

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2 - NC: 2023:KHC:45460 WP No. 27011 of 2023

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THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201.

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THE ASSISTANT COMMISSIONER SAKALESHPURA TALUK HASSAN DISTRICT-573 134.

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THE TAHSILDAR SAKALESHPURA TALUK HASSAN DISTRICT-573 134.

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THE PRINCIPLE CHIEF CONSERVATOR OF FOREST ARANYA BHAWAN, 18TH CROSS MALLESHWARAM BENGALURU-573 134.

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THE CONSERVATOR OF FOREST ARANYA BHAWAN, 1ST FLOOR MILK DAIRY CIRCLE B.M. ROAD, HASSAN-573 201.

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THE DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICE SAKALESHPURA DIVISION SAKALESHPURA-573 201.

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…RESPONDENTS

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(BY SMT. RASHMI PATEL, HCGP)

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THIS PETITION IS FILED UDNER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 19.07.2023 ISSUED BY CONSERVATOR OF FOREST/THE 6TH RESPONDENT HEREIN HASSAN, HASSAN DISTRICT VIDE A.VYA/HASSAN/FOREST ADHISUCHANE/JL10/2023-24 CALLING UPON AND DECLARING AS PER THE GAZETTE NOTIFICATION THAT THE SCHEDULE SURVEY NUMBERS ARE GOVERNMENT LANDS WHICH IS MOREFULLY DESCRIBED IN THE SCHEDULE HEREUNDER UNDER ANNEXURE-A AND ETC.

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NC: 2023:KHC:45460 WP No. 27011 of 2023

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Present petition is filed by the petitioners seeking

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following reliefs;

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"a) Issue writ of certiorari or order or direction in the form of writ; Quash the notice dated 19.07.2023 issued by conservator of Forest/the 6th Respondent herein Hassan, Hassan District vide A.VYA/HASSAN/FOREST ADHISUCHANE/JL-10/2023-24 calling upon and declaring as per the Gazette notification that the schedule survey numbers are government lands which is morefully described in the schedule hereunder under Annexure-A

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b) Any order or direction in the form of Writ as the Hon'ble Court deems fit under the circumstances of the case including cost of the Writ Petition."

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Notice dated 19.07.2023 at Annexure-A

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impugned in this writ petition has been issued by the

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NC: 2023:KHC:45460 WP No. 27011 of 2023

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respondent No.6 under Section 5 of the Karnataka Forest Act, 1963 calling upon the petitioner to appear for enquiry to be held on 26.10.2023. Present petition is filed on

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24.11.2023 challenging the said notice.

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3. After arguing the matter for some time, learned

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counsel for the petitioners submits the only apprehension of the petitioners is that under the guise of the enquiry,

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the respondent-Officers/respondent Nos. 6 and 7 would interfere and prevent the petitioners from enjoying the property even during the proceedings.

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Learned HCGP fairly submits that necessary instructions would be issued to the concerned officers/respondents not to interfere with the possession and enjoyment of the petitioners in respect of the property claimed by them during the proceedings and untill conclusion of the same.

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Submission is taken on record as an undertaking to this Court.

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NC: 2023:KHC:45460 WP No. 27011 of 2023

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In that view of the matter, nothing survives for

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consideration in the matter.

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Petition is disposed of accordingly.

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Sd/JUDGE

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Sri. B.P. Yagneshwara v. the State of Karnataka

Case brief

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What did the court decide?

Sri. B.P. Yagneshwara v. the State of Karnataka

Case brief

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