Disposed

Sri Rathnakara Rai v. the State of Karnataka

Karnataka HC20 Aug 2024WP/43918/2019

Case brief

AI extract

What is this about?

The court set aside an arbitrary endorsement by forest authorities and remitted the matter for reconsideration. The petitioner was granted an opportunity to submit objections and receive a speaking order after a personal hearing.

What did the court decide?

Impugned endorsement set aside; matter remitted to Respondent No.3 for reconsideration and passing of a speaking order within 12 weeks after hearing.

Sri Rathnakara Rai Vs the State of Karnataka — Landlord and Tenant | Karnataka HC (2024)

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NC: 2024:KHC:33379 WP No. 43918 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF AUGUST, 2024 BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL

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WRIT PETITION NO. 43918 OF 2019 (GM-FOR)

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BETWEEN:

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SRI RATHNAKARA RAI S/O SRI NARAYAN RAI, AGED ABOUT 49 YEARS, R/O MEKERI VILLAGE, MADIKERI TALUK, KODAGU DISTRICT - 571 201.

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…PETITIONER

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(BY SRI. VENKATESH R BHAGAT.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINICPAL SECRETARY,DEPARTMENT OF AGRICULTURE & FOREST, MS BUILDING,

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BANGALORE - 560 001.

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Digitally signed by SUMA B N

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Location: High Court of Karnataka

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THE CHIEF CONSERVATOR OF FOREST (PRINICPAL), MADIKERI, KODAGU DISTRICT - 573 201.

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THE DEPUTY CONSERVATOR OF FOREST, MADIKERI, KODAGU DISTRICT - 573 201.

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…RESPONDENTS

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(BY SRI.SPOORTHY HEGDE N H., HCGP)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO CALL FOR THE RECORDS IN RESPECT OF THE ENDORSEMENT DATED 07.09.2018 ISSUED BY THE R-3 DEPUTY CONSERVATOR OF FOREST AT ANNX-A AND ETC.,

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NC: 2024:KHC:33379 WP No. 43918 of 2019

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Learned counsel for the petitioner after arguing the matter for some time, submits that the impugned endorsement at Annexure-A has been issued by the respondents without considering the case of the petitioner with regard to nature of the land, ownership and title of the petitioner over the timber, which was fell by the petitioner upon the permission granted by the respondent/Forest Authority. He submits that the endorsement is unilateral and arbitrary and seeks for an opportunity to present his case before the respondent/Authorities with the direction to consider his case and pass detailed order thereafter.

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Learned High Court Government Pleader fairly submits that given some time, the respondent No.3 would reconsider the case of the petitioner and pass appropriate speaking order in accordance with law.

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The submission is taken on record.

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Accordingly, the petition is disposed of .

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NC: 2024:KHC:33379 WP No. 43918 of 2019

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(a) The endorsement dated 07.08.2018 produced

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at Annexure-A is set aside.

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(b) The matter is remitted to respondent No.3.

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objections/response, if any, within 30 days

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from the date of receipt of a certified copy of this order to respondent No.3.

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(d) The respondent No.3 after affording an opportunity of personal hearing to the petitioner specifically adverting to the objections/response to be filed by the petitioner, pass speaking order within an outer limit of 12 weeks from the date of submission

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of objections/response by the petitioner.

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SD/(M.G.S. KAMAL) JUDGE

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AMA List No.: 1 Sl No.: 20

Sri Rathnakara Rai v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Rathnakara Rai v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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