Disposed

Sri H Sreeramappa v. State of Karnataka

Karnataka HC20 Feb 2024WP/4424/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of the writ petition by making a final order directing a joint survey with revenue department records and preventing dispossession of petitioners until the enquiry concludes.

What did the court decide?

Joint survey conducted with aid of revenue records; no dispossession until enquiry concludes under Section 64-A(1) of the Karnataka Forest Act, 1963.

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

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NC: 2024:KHC:7128 WP No. 4424 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. 4424 OF 2024 (GM-FOR)

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BETWEEN:

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SRI H.SREERAMAPPA S/O HANUMAPPA AGED ABOUT 83 YEARS, R/AT NO. HARATI GRAMA HARATI POST, HUTURU HOBLI, KOLAR TALUK – 563 103.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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

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(BY SRI K.H.SOMASEKHARA, ADVOCATE)

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…PETITIONERS

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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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NC: 2024:KHC:7128 WP No. 4424 of 2024

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THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR – 563 101.

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THE DEPUTY CONSERVATOR OF FORESTS KOLAR DIVISION,

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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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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-108/2023-24,NO. SM.KV.ENCROACH.CR98/2023-24, VIDE ANNEXURES-D AND D1 RESPECTIVELY. NOTICE DTD 6.11.2023 IS RESTRICT ONLY TO PETITIONER NO.1.

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NC: 2024:KHC:7128 WP No. 4424 of 2024

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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.CR108/2023-24, No.SM.KV. encroach. CR-98/2023-24, vide Annexures-D to D1 respectively. Notice dated 16.11.2023 is restrict only to petitioner No.1.

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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 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

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NC: 2024:KHC:7128 WP No. 4424 of 2024

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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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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

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of the Directorate of Survey Settlement and Land Records and

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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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NC: 2024:KHC:7128 WP No. 4424 of 2024

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It is needless to observe that the petitioners shall cooperate with the joint survey and the conclusion of the enquiry

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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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NVJ List No.: 1 Sl No.: 99

Sri H Sreeramappa v. State of Karnataka

Case brief

What is this about?

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Sri H Sreeramappa v. State of Karnataka

Case brief

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