Sri I M Vittalamurthy Vs Chief Conservator of Forest

It is stated that the petitioner is in possession and enjoyment of the land comprised in Sy.No.194 which has been later assigned as Sy.No.232 measuring to an extent of 15 Acres situated in Malsavara village, Belur Taluk, Hassan District. It is stated that the land was granted in favor of one Sri.Mehboob Ali vide Grant Certificate dated 20.06.1960. The petitioner contends that he has purchased the said land in question on 09.11.2011 as is evident Annexure-E the Sale Deed. Consequently, his name was entered into the revenue records.

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As things stood thus, the Assistant Conservator of Forest, Hassan Division, Hassan issued a notice for holding an inquiry into the matter under Section 64-A of the Forest Act. The petitioner suitably replied to the same. However, the Assistant

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Conservator of Forest pass the order on 19.01.2015. As against the said order the petitioner preferred an appeal before the Chief Conservator of Forest in Appeal No.02/2015. The appeal came to be rejected on 25.11.2025.

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Under these circumstances, the petitioner having left with no other efficacious and alternative remedy, has filed the present Writ Petition under Articles 226 and 227 of the Constitution of India.

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Counsel for the petitioner and AGA for respondents have urged several contentions.

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AGA has relied upon the decision STATE OF KARNATAKA AND OTHERS Vs. I.S.NIRVANE GOWDA AND

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OTHERS reported in (2007) 15 SCC 744 .

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Heard the arguments and perused the writ papers with utmost care.

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The main arguments, in this case, centered around the non-conduct of a joint survey. Counsel for the petitioner argued that both the authorities without verifying the documents and without getting them resurveyed by a joint survey have

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proceeded to pass the order. Hence the orders are liable to be quashed.

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AGA in presenting his argument strenuously urged that the land in question is Reserve Forest under Notification No.A.F.5310 FT.195-39-3 dated:04.04.1940. He submitted that time and again the Apex Court has held that when the lands are declared as Reserve Forest, the Revenue Authority has no power to change the survey numbers or grant part of the Reserve Forest. He argued that the land in question forms part of the above-said forest land.

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I have perused the orders and there is no material on record to show that the land in question has been re-surveyed by conducting a joint survey. In the absence of such material, the order passed by the Assistant Conservator of Forest and the Chief Conservator of Forest cannot be sustained in the eye of the law. The matter requires a remand.

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In the circumstances, the order dated:19.01.2015 passed by the Assistant Conservator of Forest - the second respondent vide Annexure-M and the order dated 25.11.2015 passed by

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the Chief Conservator of Forest - the first respondent in Appeal No.02/2015 is liable to be quashed.

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The result is that the writ petition will be allowed . The writ of certiorari is ordered. The order dated:19.01.2015 passed by the Assistant Conservator of Forest - the second respondent vide Annexure-M and the order dated 25.11.2015 passed by the Chief Conservator of Forest - the first respondent in Appeal No.02/2015 vide Annexure-N are quashed.

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The matter is remitted to the Assistant Conservator of Forest, Hassan Division, to conduct a joint survey in the presence of the petitioner. The jurisdictional A.D.L.R is directed to assist in conducting the joint survey of the lands in question which are alleged to have been covered under a Notification No.A.F.5310 FT.195-39-3 dated:04.04.1940 issued by the erstwhile Government. The joint survey will be carried out within a period of four months from the date of receipt of the certified copy of this Order. After carrying out the joint survey and depending upon the joint survey report the Assistant Conservator of Forest shall proceed further in the matter.

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Resultantly, the Writ Petition is disposed of .

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SD/(JYOTI MULIMANI) JUDGE

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MRP List No.: 2 Sl No.: 16

Sri I M Vittalamurthy v. Chief Conservator of Forest

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Sri I M Vittalamurthy v. Chief Conservator of Forest

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