Disposed¶47

Smt. Meenakshamma v. Chief Secretary to the Government of Karnataka

Karnataka HC13 Feb 2025WP/16892/2021

Case brief

AI extract

What is this about?

Karnataka HC quashes District Level Committee order dated 09.08.2021 cancelling 2015 forest rights grant (6 acres, Sy.Nos.155 & 157, Mallandur Village, Sagara Taluk) under FRA 2006; cancellation invalid for breach of natural justice and non-adherence to Rule 12A(3), and impermissible while PIL W.P.No.7719/2021 against the grant was pending without interim order; certiorari issued; Government may act afresh per law.

What did the court decide?

Writ of Certiorari ordered; the order dated 09.08.2021 passed by the District Level Committee (fourth respondent) cancelling the petitioner's forest rights (Annexure-A) quashed. The Government is left free to act in accordance with law if it has any grievance. The writ petition stands disposed of. ¶47

Smt. Meenakshamma Vs Chief Secretary to the… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 09.08.2021 (Annexure-A) passed by the District Level Committee cancelling the forest rights granted to the petitioner is liable to be quashed, having been passed without notice or opportunity of hearing to the petitioner, contrary to Rule 12A(3), and while the grant itself was pending adjudication in PIL W.P.No.7719/2021.

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Court's answer

Since the grant of forest rights to the petitioner was already pending adjudication in PIL W.P.No.7719/2021 and there was no interim order or direction in that PIL, the Government could not have proceeded with the matter by forming a committee or passing an order cancelling the petitioner's forest rights.

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Ratio / Principle

The petitioner was not given an opportunity of hearing before cancellation of her forest rights; the cancellation order dated 09.08.2021 is therefore opposed to the principles of natural justice and bad in law.

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Key takeaways

The respondents did not adhere to Rule 12A(3) prescribed under the Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, a Central Act laying down procedures for recognition/grant of forest rights; consequently the cancellation of the grant order dated 09.08.2021 is bad in law and liable to be quashed.ratio¶46

Detailed headnote1 paragraphs

Forest Rights - Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - petitioner granted forest rights over 6 acres by District Level Committee, Shimogga, by order dated 20.10.2015 following Grama Sabha enquiry - grant under challenge in pending PIL W.P.No.7719/2021 with no interim order - respondents nevertheless constituted themselves as District Level Committee, issued notice, and cancelled the grant by order dated 09.08.2021 (Annexure-A) without affording the petitioner an opportunity of hearing and without adhering to Rule 12A(3) of the Act - cancellation held opposed to principles of natural justice and bad in law - writ of certiorari issued and Annexure-A quashed - Government free to proceed afresh in accordance with law if aggrieved - writ petition disposed of.

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NC: 2025:KHC:6578 WP No. 16892 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 16892 OF 2021 (GM-FOR)

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BETWEEN:

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SMT. MEENAKSHAMMA AGE 66 YEARS, W/O MANJAPPA GOWDA, R/AT THIPPANAJADDU, MALANDUR VILLAGE AND POST, SAGARA TALUK, SHIMOGA DIST-577 401.

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…PETITIONER

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(BY SMT. PRATISHTA., ADVOCATE FOR SMT. SUKRUTA.R., ADVOCATE)

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AND:

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Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka

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CHIEF SECRETARY TO THE GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560 001.

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THE STATE OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE, REPRESENTED BY ITS SECRETARY, AMBEDKAR VEEDHI, BANGALORE-560 001.

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DEPUTY COMMISSIONER CUM CHAIRPERSON, DISTRICT LEVEL COMMITTEE, (CONSTITUTED UNDER RULE 7 OF THE SCHEDULE TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) RULES, 2007 SHIMOGGA DISTRICT-577 401.

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NC: 2025:KHC:6578 WP No. 16892 of 2021

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DISTRICT LEVEL COMMITTEE (CONSTITUTED UNDER RULE 7 OF THE SCHEDULE TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) RULES, 2007 SHIMOGA DISTRICT-577 401 REPRESENTED BY ITS SECRETARY.

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ASSISTANT COMMISSIONER CUM CHAIRPERSON SUB-DIVISIONAL LEVEL COMMITTEE, (CONSTITUTED UNDER RULE 5 OF THE SCHEDULE TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) RULES, 2007) SAGARA TALUK, SHIMOGGA DISTRICT-577 401.

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SUB-DIVISIONAL LEVEL COMMITTEE (CONSTITUTED UNDER RULE 5 OF THE SCHEDULE TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) RULES, 2007) SAGARA TALUK, SHIMOGGA DISTRICT-577 401.

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DEPUTY DIRECTOR OF SOCIAL WELFARE, PRUTHVI MANSION, 100 FEET ROAD, VINOB NAGAR, SHIMOGGA-577 201.

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DEPUTY CONSERVATOR OF FOREST SAGARA SUB-DIVISION, SAGARA, SHIMOGGA-577 401.

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…RESPONDENTS

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(BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 8)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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NC: 2025:KHC:6578 WP No. 16892 of 2021

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ORAL ORDER

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Smt.Pratishta., counsel on behalf of Smt.Sukruta.R., for the petitioner and Sri.Mahantesh Shettar., AGA for the respondents have appeared in person.

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2. The brief facts are these:

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It is stated that the family of the Petitioner has been residing in the lands mentioned in Sy.Nos.155 & 157 of Mallandur Village, Anandapura Hobli, Sagara Taluk more than 500 years. It is said that the ancestors of the petitioner's have developed the above said lands since more than 500 years. It is also said that the ancestors of the petitioner constructed a temple along with a big pool around 400 years ago in the vicinity of the said lands and the family members of the petitioner have been looking after the affairs of the said temple ever since. The ancestors of the petitioner have been in possession of the said land and they have developed the said land. After coming into force of the Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the Petitioner had filed an application before the Grama Sabha seeking granting of forest rights. The enquiry was

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NC: 2025:KHC:6578 WP No. 16892 of 2021

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conducted by the Grama Sabha and a spot mahazar dated 19.11.2014 was also conducted by taking statements of the elders in and around the area of the said land. The mahazar was forwarded and approved by both Sub-Divisional Level Committee and District Level Committee and as per grant order dated 20.10.2015, the forest rights of the said land to an extent of 6 Acres was granted to the Petitioner by the District Level Committee. It is stated that absolutely there is no illegality whatsoever in granting the forest rights of said land to the Petitioner.

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As the matter stood thus, one A.G.Yogendra challenged the said grant order through a Public Interest Litigation in W.P No.7719/2021 and the same is pending. The Petitioner after the service of notice in the said case (PIL), has appeared through his counsel. It is stated that there is no interim order or any other direction in the said case. However, on 23.06.2021 respondents 3, 7 and 8 constituted themselves as District Level Committee and issued notice to the petitioner alleging illegalities in the grant order and sought reply from the petitioner. The Petitioner submitted his reply dated 03.07.2021 stating that she will defend the PIL. On 01.07.2021,

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NC: 2025:KHC:6578 WP No. 16892 of 2021

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Respondent No.2 - Social Welfare Department wrote letter to the District Social welfare Department of Shimogga stating that the order of grant passed by the District Level Committee under Section 6(6) of the Act is final and binding and further opined that to consider the same, fresh Grama Sabha has to be set up. However, on 28.07.2021, the Respondent No.6 - SubDivisional Level Committee meeting was conducted by Respondent No.5 and others and in the said proceedings it is stated that the grant in favour of Petitioner is not in accordance with the law and hence submitted the file to the District Level Committee -Respondent No.4. It is contended that there was no notice whatsoever was given to the Petitioner prior to the meeting and copy was never furnished before holding any meeting by Respondent No.6 - Sub-Divisional Committee. Thereafter, the District Level Committee comprising Respondents 3, 7 and 8 have conducted the meeting on 09.08.2021 and in the said meeting the impugned order dated 09.08.2021 came to passed by the District Level Committee - Respondent No.4 cancelling the grant of forest rights issued in favour of the Petitioner vide Annexure 'A'. Hence, the petitioner is before this Court.

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NC: 2025:KHC:6578 WP No. 16892 of 2021

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Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.

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The facts are sufficiently stated and they do not require reiteration. The petitioner contends that by way of grant order, forest rights were grant to her in the year 2015. However, the same has been cancelled vide order dated:09.08.2021 without hearing him. The principal ground on which this Court is asked to quash Annexure-A i.e., the cancellation order is opposed to the principles of natural justice. It is pivotal to note that the grant order is questioned before this Court and the question of the grant of forest rights of the petitioner is pending adjudication in (PIL) W.P.No.7719/2021. Moreover, there is no interim order or direction in the PIL. Hence, the Government could not have proceeded with the matter either by forming a committee or passing an order for cancellation of petitioner's forest rights. Furthermore, the petitioner was not given an opportunity and hence, the cancellation order is opposed to the principles of natural justice and bad in law.

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NC: 2025:KHC:6578 WP No. 16892 of 2021

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The provisions of the Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is a Central Act, it prescribes certain procedures for the recognition/ grant of the forest rights. However, the respondents have not adhere to Rule 12A (3) of the Act. Hence, the cancellation of grant order dated:09.08.2021 is bad in law. Therefore, this Court deems it proper to quash the same.

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The Writ of Certiorari is ordered. The order dated:09.08.2021 passed by the District Level Committee - the fourth respondent vide Annexure-A is quashed. If at all the Government has any grievance, they may act in accordance with the law.

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Resultantly, the Writ Petition is disposed of .

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Sd/(JYOTI MULIMANI) JUDGE

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MRP

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List No.: 2 Sl No.: 41.3

Smt. Meenakshamma v. Chief Secretary to the Government of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Meenakshamma v. Chief Secretary to the Government of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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