Disposed

Sri Narayanaswamy v. State of Karnataka

Karnataka HC25 Jun 2024WP/48103/2019

Case brief

AI extract

What is this about?

A writ petition under Articles 226 and 227 of the Constitution of India filed by villagers of Sundrahalli Village seeking to quash a form for declaring land as forest and framing the Fiat (sic) for regularization of their land and issue of Saguvali chit. Respondent counsel stated that the lands are not available for grant, and the question of consideration of a representation does not arise.

What the court decided

AI extract

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

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1 - NC: 2024:KHC:23271 WP No. 48103 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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WRIT PETITION No. 48103 OF 2019 (GM-FOR)

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BETWEEN:

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SRI NARAYANASWAMY, S/O MUNIYAPPA, AGED ABOUT 59 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

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SRI MANJUNATH M., S/O MUNIYAPPA, AGED ABOUT 50 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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SRI KEMPANNA, S/O BEERAPPA, AGED ABOUT 75 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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SRI MUNIRAJAPPA, S/O DOODA MUNIYAPPA, AGED ABOUT 41 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK. CHICKBALLAPUR DISTRICT.

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2 - NC: 2024:KHC:23271 WP No. 48103 of 2019

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MUNISAMAPPA, S/O MUNIYAPPA, AGED ABOUT 55 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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SRI VENKATARAYAPPA, S/O LATE MOTAPPA, AGED ABOUT 60 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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SRI MUNIBEERAPPA @ BEERAPPA, S/O NAGAPPA, AGED ABOUT 66 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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SRI M. MANJUNATH, S/O LATE MUNIYAPPA, AGED 28 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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SRI M. DYAVAPPA, S/O MUNIYAPPA, AGED 45 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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SRI MANJU, S/O MUNINAGAPPA,

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3 - NC: 2024:KHC:23271 WP No. 48103 of 2019

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AGED 39 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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SRI MANJUNATH N., S/O NARAYANASWAMY, AGED 38 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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SRI NARAYNASWAMY S. M., S/O MOTAPPA, AGED ABOUT 70 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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SRI N. SUBRAMANI, S/O CHIKKANALLURAPPA, AGED ABOUT 38 YEARS, RESIDING AT SUNDRAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.

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…PETITIONERS

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(BY SMT. SARITHA A.L. ADVOCATE FOR SRI SRINIVASA S. B., ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT, M. S. BUILDING, BENGALURU-560001.

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4 - NC: 2024:KHC:23271 WP No. 48103 of 2019

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STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, FOREST DEPARTMENT, M. S. BUILDING, BENGALURU-560001.

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THE DEPUTY COMMISSIONER, CHICKBALLAPUR DISTRICT, CHICKBALLAPUR-563159.

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THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, ARANYA BHAVAN, MALLESHWARAM, BENGALURU-560003.

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THE TAHSILDAR, SIDLAGHATTA TALUK, SIDLAGHATTA, CHICKBALLAPUR DISTRICT-563159.

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…RESPONDENTS

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(BY SRI S.H. RAGHAVENDRA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FORM FOR DECLARING AREA AS A FOREST LAND AND MAP PREPARED THEREUNDER DATED 09.05.2015 A COPY OF WHICH IS PRODUCED AT ANNEXURE-L. DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS FOR REGULARIZATION AND TO ISSUE SAGUVALI CHIT, COPIES OF WHICH ARE PRODUCED AT ANNEXURES - M AND N SERIES.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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5 - NC: 2024:KHC:23271 WP No. 48103 of 2019

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ORDER

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The present petition has been filed seeking following reliefs:

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"(i) Issue a writ of certiorari or any other writ quashing the Form for declaring area as a forest land and map prepared thereunder dated 09.05.2015 a copy of which is produced at Annexure - L.

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(ii) Issue a writ of mandamus of any other writ directing the respondents to consider the representations of the petitioners for regularization and to issue Saguvali chit, copies of which are produced at Annexures-M and N series.

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(iii) Issue any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case."

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Learned counsel for the petitioners submits that

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it is suffice if second prayer is considered to issue mandamus to the respondents to consider the

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representations of the petitioners at Annexures-M and N for regularization and issue of Saguvali Chit. The submission is placed on record.

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Sri.S.H.Raghavendra, learned Additional

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Government Advocate appearing for respondents submits

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6 - NC: 2024:KHC:23271 WP No. 48103 of 2019

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that the lands are not available for grant and the question

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of consideration of a representation, do not arise.

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In the similar circumstances, this Court in W.P. Nos.16097-16101/2018 and allied matters dated

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07.08.2019 has issued direction to the competent authority to consider and decide the representations submitted by the petitioners in accordance with law within two months.

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In view of similarity of issue, the respondents are directed to consider the representations at AnnexuresM and N within two months from the date of receipt of copy of this order. Accordingly writ petition is disposed.

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Sd/JUDGE

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VBS

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List No.: 1 Sl No.: 5

Sri Narayanaswamy v. State of Karnataka

Case brief

What is this about?

What the court decided

Sri Narayanaswamy v. State of Karnataka

Case brief

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