Disposed

Sri Venkataramappa v. State of Karnataka

Karnataka HC20 Feb 2024WP/4421/2024

Case brief

AI extract

What is this about?

Co-ordinate bench order directing joint survey of disputed forest and private lands under Section 64-A(1) of Karnataka Forest Act, 1963 and non-dispossession of petitioners. Court adopted this order and disposed of petition.

What did the court decide?

Joint survey conducted with aid of Directorate of Survey Settlement and Land Records; petitioners not to be dispossessed pending survey and conclusion of enquiry.

Sri Venkataramappa Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:7084 WP No. 4421 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4421 OF 2024 (GM-FOR)

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BETWEEN:

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SRI VENKATARAMAPPA S/O LATE MUNIYAPPA, AGED ABOUT 76 YEARS, R/AT NO. HARATI GRAMA, HARATI POST, HUTURU HOBLI, KOLAR TALUK-563103

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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SRI MUNIVENKATAPPA S/O DODDAPPA, AGED ABOUT 75 YEARS, R/AT NO. HARATI GRAMA, HARATI POST, HUTURU HOBLI, KOLAR TALUK-563103

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SRI VENKATARAMAIAH S/O LATE MUNIYAPPA, AGED ABOUT 62 YEARS, R/AT NO. HARATI GRAMA, HARATI POST, HUTURU HOBLI, KOLAR TALUK – 563 103.

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SRI KRISHNAPPA S/O NARAYANAPPA,

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NC: 2024:KHC:7084 WP No. 4421 of 2024

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AGED ABOUT 67 YEARS, R/AT NO. HARATI GRAMA, HARATI POST, HUTURU HOBLI, KOLAR TALUK – 563 103.

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SRI N.VENKATASWAMY S/O G.NARAYANASWAMY, AGED ABOUT 68 YEARS, R/AT NO. HARATI GRAMA, HARATI POST, HUTURU HOBLI, KOLAR TALUK – 563 103.

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SRI GOPALAPPA S/O LATE MUNIYAPPA, AGED ABOUT 75 YEARS, R/AT NO. HARATI GRAMA, HARATI POST, HUTURU HOBLI, KOLAR TALUK – 563 103.

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SMT. NARAYANAMMA W/O NARAYANAPPA, AGED ABOUT 52 YEARS, R/AT H. MALANDAHALLI GRAMA, HARTE GRAMA, HARATI POST, HUTURU HOBLI, KOLAR TALUK – 563 103.

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SRI ESWARA B., S/O BYREGOWDA, AGED ABOUT 48 YEARS, R/AT NO. KOTEGANAHALLI, KOLAR TALUK AND KOLAR DISTRICT – 563 103.

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3 - NC: 2024:KHC:7084 WP No. 4421 of 2024

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SMT. UMADEVI W/O M.S. NARAYANASWAMY, AGED ABOUT 48 YEARS, R/AT H. MALLANDAHALLI GRAMA, HARTE GRAMA, HARATI POST, HUTURU HOBLI, KOLAR TALUK – 563 103.

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SRI VENKATAPPA S/O LATE KATARI PILLAPPA, AGED ABOUT 75 YEARS, R/AT H.MALLANDAHALLI GRAMA, HUTURU HOBLI, KOLAR TALUK – 563 103.

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SRI NAVEEN KUMAR S/O KRISHNAPPA, AGED ABOUT 32 YEARS, R/AT H. MALANDAHALLI GRAMA, HUTURU HOBLI, KOLAR TALUK – 563 103.

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SRI. LOKESH S/O LAKSHMAIAH, AGED ABOUT 39 YEARS, R/AT H. MALLANDAHALLI GRAMA, HUTURU HOBLI, KOLAR TALUK – 563 103.

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SRI N.V. PRAKASH S/O LATE VENKATARAMEGOWDA, AGED ABOUT 53 YEARS, R/AT NO.HARATI GRAMA, HARATI POST, HUTURU HOBLI, KOLAR TALUK – 563 103.

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…PETITIONERS

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(BY SRI K.H.SOMASEKHARA, ADVOCATE)

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4 - NC: 2024:KHC:7084 WP No. 4421 of 2024

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AND:

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STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, VIDHANA VEEDHI ROAD, BENGALURU – 560 001 REPRESENTED BY ITS REVENUE SECRETARY.

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THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR – 563 101.

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THE DEPUTY CONSERVATOR OF FORESTS KOLAR DIVISION, KOLAR – 563 101.

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THE ASSISTANT CONSERVATOR OF FORESTS KOLAR SUB-DIVISION, KOLAR – 563 101.

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THE RANGE FOREST OFFICER KOLAR TALUK, KOLAR DISTRICT – 563 101.

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THE TAHASILDAR KOLAR TALUK, KOLAR DISTRICT – 563 101.

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…RESPONDENTS

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(BY SRI KIRAN KUMAR, HCGP)

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NC: 2024:KHC:7084 WP No. 4421 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) CALL FOR RECORDS FROM THE R3 TO 5; b) QUASH THE NOTICES DATED 16/11/2023 ISSUED BY THE R4 MADE IN NO. SM.KV.ENCROACH.CR-88/2023-24, NO. SM.KV.ENCROACH.CR88/2023-24, NO. SM.KV.ENCROACH.CR-88/2023-24, NO. SM.KV.ENCROACH.CR-93/2023-24, NO. SM.KV.ENCROACH.CR84/2023-24, NO. SM.KV.ENCROACH.CR-89/2023-24, NO. SM.KV.ENCROACH.CR-125/2023-24,NO. SM.KV.ENCROACH.CR90/2023-24, NO. SM.KV.ENCROACH.CR-113/2023-24, NO. SM.KV.ENCROACH.CR-85/2023-24, NO. SM.KV.ENCROACH.CR114/2023-24, NO. SM.KV.ENCROACH.CR-115/2023-24, NO. SM.KV.ENCROACH.CR-101/2023-24,NO. SM.KV.ENCROACH.CR92/2023-24, VIDE ANNEXURES-Q AND Q12 RESPECTIVELY AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking the following

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prayers:

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“a) Call for records from the respondents 3 to 5.

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b) Issue an order, direction or writ in the nature of Writ of Certiorari quashing the notices dated 16-11-2023 issued by the 4^th respondent made in No.SM.KV.encroach.CR88/2023-24, No.SM.KV. encroach. CR-93/2023-24, No.SM.KV.encroach. CR-84/2023-24, No.SM.KV.encroach. CR-89 / 2023-24, No.SM.KV. encroach. CR-125/ 2023-24, No.SM.KV.encroach. CR-90/2023-24, No.SM.KV.encroach. CR-113/2023-24, No.SM.KV.encroach.CR-85/2023-24, No.SM.KV.encroach. CR-114/2023-24, No.SM.KV. encroach. CR-106/2023-24, No.SM.KV.encroach. CR.115/2023-24, No.SM.KV.encroach. CR-101/2023-24, No.SM.KV.encroach. CR-92 /2023-24, vide Annexures-Q to Q12 respectively.

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NC: 2024:KHC:7084 WP No. 4421 of 2024

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c) Issue an order, direction or Writ in the nature of Writ of Mandamus directing the respondents 3 to 5 not to fix the boundaries of forest lands abetting the petitioners lands without conducting the joint survey with the aid of revenue department.

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d) Pass such other reliefs as this Hon’ble court deems fit in the facts and circumstances of the case.”

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Heard Sri.K.H.Somasekhara, learned counsel

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appearing for petitioners and Sri.Kiran Kumar, learned High

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Court Government Pleader appearing for respondents.

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Both, the learned counsel appearing for the petitioners

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and the learned High Court Government Pleader, would in union submit that in an identical case, the co-ordinate bench of

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this Court, has granted an interim order which reads as follows:

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“The petitioners call in question a notice issued on 10.01.2023 directing them to produce certain documents with regard to the ownership, as the notice is issued for an enquiry under Section 64-A(1) of the Karnataka Forest Act, 1963.

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The petitioners shall co-operate with the enquiry. However, he shall not be dispossessed during the pendency of the present petition.

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The determination of the land whether it is belonging to the Forest Department or the petitioners shall be determined by an appropriate survey.

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Joint survey to be conducted by the respondents with the aid of the Directorate of Survey Settlement and Land Records.”

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NC: 2024:KHC:7084 WP No. 4421 of 2024

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They would submit that if this would be made the final order, it would suffice for the present.

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Therefore, the joint survey be conducted with the aid of the Directorate of Survey Settlement and Land Records and till such joint survey comes about and the enquiry under section 64-A(1) of the Karnataka Forest Act, 1963 is concluded, the petitioners shall not be dispossessed.

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It is needless to observe that the petitioners shall cooperate with the joint survey and the conclusion of the enquiry under Section 64-A(1) of the Karnataka Forest Act, 1963.

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With the foresaid observations, petition stands disposed.

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Sd/JUDGE

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BKP List No.: 1 Sl No.: 80

Sri Venkataramappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Venkataramappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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