Sri Maranna Palegar Vs State of Karnataka

SRI MARANNA PALEGAR, AGED ABOUT 48 YEARS, S/O OBLESHAPPA, SRI RAM NILAYA, VAKKODI VILLAGE, BELLAVI (H), SSSMC POST, VTC TUMKUR 572 107. PH: 99021 66472 AADHAR No. 7130 3901 6542, PAN No. ARRPM5633R EMAIL NIL. OCCUPATION: AGRICULTURIST

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Digitally signed by VALLI MARIMUTHU

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Location: HIGH COURT OF KARNATAKA

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(BY SRI MADHUSUDHAN ADIGA, ADVOCATE FOR SRI B. V. KRISHNA., ADVOCATE)

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AND:

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…PETITIONER

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STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY DEPARTMENT KARNATAKA GOVERNMENT SECRETARIAT, ROOM No.442, GATE No.2, M.S. BUILDING, BANGALORE 560001. PH.No. 080-22254434 /22032570, E MAIL - [email protected] secyforest-fee@ karnataka.gov.in

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2 - NC: 2025:KHC:14723-DB WP No. 22639 of 2023

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THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, V FLOOR, BANGALORE 560001. PH. 080 22032495, PH. 080 22252731, MAIL ID [email protected], MAIL ID prs. revenue @ karnataka .gov.in

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THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, MINI VIDHANA SOUDHA, TUMKUR 572 101. PH.No. 0816 2272480, EMAIL. dctumkur -ka(at) gov(dot) in,

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THE TAHSILDAR, TUMKUR TALUK, TALUK OFFICE, TUMKUR 572 101, PH.No. 9741185772, EMAIL talukoffice.tumkur@ gmail.com,

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THE ASSISTANT DIRECTOR OF LAND RECORDS, TUMKUR TALUK, MINI VIDHANA SOUDHA, TUMKUR 572 101, PH.No. 8105573152 EMAIL-MOJINI.TUMKUR @GMAIL.COM

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THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, ARANYA BHAVAN, 18^TH CROSS, MALLESHWARAM, BENGLAURU 560003. PH.No. 08023343770, EMAIL - [email protected].

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THE DEPUTY CONSERVATOR OF FOREST TUMKUR DIVISION, RAMAKRISHNA NAGAR KUNIGAL ROAD, TUMKUR 572 105,

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PH.No. 08162201196, EMAIL. [email protected]

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THE ASSISTANT CONSERVATOR OF FOREST, TUMKUR SUB DIVISION, RAMAKRISHNA NAGAR, KUNIGAL ROAD, TUMKUR 572 105, PH.No. 08162201196, [email protected]

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RANGE/ZONAL FOREST OFFICER, TUMKUR ZONE, BANASHANKARI CIRCLE, KUNIGAL ROAD, TUMKUR 572 101, EMAIL- [email protected]

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CHIEF CONSERVATOR OF FORESTS, HASSAN CIRCLE, HASSAN 573 201, PH No. 08172 240163, EMAIL- [email protected]

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J. SHWETHAKUMARI, AGED ABOUT 53 YEARS, D/O BHOJARAJ, R/AT SY.No. 26, VADDARAHALLI VILLAGE, BELGUMBA POST, KASABA HOBLI, TUMKURU 572 104.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R10; SRI VIVEK ANAND ANTHONY BRITTO, ADVOCATE FOR R11)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENTS 1-9 TO TAKE IMMEDIATE POSSESSION OF 3 ACRES 20 GUNTAS OF LAND ENCROACHED BY THE 11^TH RESPONDENT IN SY.No.1 OF DEVARAYANADURGA RESERVED FOREST LAND, URDIGERE HOBLI, TUMKUR TALUK AND DEMOLISH ALL THE BUILDINGS CONSTRUCTED THEREON AND ETC.

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NC: 2025:KHC:14723-DB WP No. 22639 of 2023

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard learned advocate Mr. Madhusudan Adiga for learned advocate Mr. B.V. Krishna for the petitioner, learned Additional Government Advocate Ms. Niloufer Akbar for the respondent - State and its authorities and learned advocate Mr. Vivek Anand Anthony Britto for the private respondent No.11.

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This public interest petition by the petitioner who claims to be a native of Pavaguda Taluka, Tumkur District. The grievance is with regard to the illegal construction/building put-up by the private respondent No.11 on the forest land.

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It is the case that the said private respondent purchased 37 acres of land in the year 1996, which was Sy.No.26 at Vaddarahalli Village, Tumkur Taluka, and the land abutted is the border of reserved forest, Devarayanadurga Village, Urdigere Hobli, Tumkur Taluka.

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3.1 It is the further case that neither Phodi nor Hadbusth was undertaken for clear identification of the borders before constructing the building. The building constructed was a two storeyed school building and staff quarters. It was the allegation that the private respondent encroached the said part by constructing another building.

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3.2 On the above basic premise of facts, prayer was made to direct respondent Nos.1 to 9 authorities to take immediate possession of the said land, which was alleged to be encroached by the private respondent No.11 and to demolish all the buildings constructed thereon.

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Today when the petition came up for consideration, learned Additional Government Advocate produced on record memo dated 07.04.2025 along with which, she produced order dated 05.04.2025 passed by the Appellate Authority & Conservator of Forests, Hassan Circle, Hassan, in Appeal No.18 of 2023-2024.

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4.1 The said proceedings were initiated upon the complaint filed by the present petitioner. The Appellate Authority confirmed the order of the Assistant Conservator of Forests having found that the

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allegation of encroachment and the illegal construction on the forest land were correct.

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4.2 Based on the finding of fact recorded, the order has been passed by the Appellate Authority for demolition of the school building in question. The Appellate Authority also appears to have considered the sketch of the place to reach the finding of fact.

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4.3. It was sought to be submitted by learned advocate for the petitioner that a prayer is also advanced about the construction of the road adjoining the gomal land. This could be viewed only as an incidental relief, for which, it would be open for the petitioner to approach the competent authority and, if such representation is made, the competent authority shall look into the same, in accordance with law.

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In view of the above, the present public interest petition does not survive as the substantial part of the prayers stands granted.

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At this stage, learned advocate for the private respondent No.11 submitted that the order is passed by the Appellate Authority against respondent No.11 treating him as an encroacher. It is clarified that, the disposal of this public interest petition shall not

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preclude the private respondent No.11 to institute independent challenge to the aforesaid order, to be considered in accordance with law and on its merits.

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6.1 All proceedings relating to the forest land and the encroachments therein, which may be instituted by any other party, shall continue to be taken to its logical end in accordance with law and this order shall not influence the said proceedings.

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The petition is disposed of accordingly.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/-

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(K. V. ARAVIND) JUDGE

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MV

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List No.: 1 Sl No.: 23

Sri Maranna Palegar v. State of Karnataka

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Sri Maranna Palegar v. State of Karnataka

Case brief

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