Chandrashekar v. State of Karnataka
Case brief
What is this about?
Karnataka Forest Act 1963 Section 64(A) vacate land order quashed; Assistant Conservator of Forest Hosanagara; Forest Rights Rules 2008 Form-A application pending committee not formed; Karnataka Land Grant Rules 1969 Form Nos.50 and 53; Sy.No.39 Punaje Village Kasaba Hobli Hosanagara Taluk Shivamogga; 236 acres 17 guntas; 175 acres notified as forest Section 17 notification dated 09.12.1994; 10 acres granted; 15 acres unauthorised occupation; 11 acres 16 guntas outside notified land; W.P.No.28508/2019 order dated 06.08.2019 Co-ordinate Bench direction not complied; Forest Rights Committee Sagar Sub-Division; Tahsildar Hosanagara speaking order; Articles 226 and 227; writ petition partly allowed; no precipitate restraint.
What did the court decide?
Quashing of Annexure-H (order dated 14.11.2019 of respondent No.4); direction to respondent No.8/Forest Rights Committee to decide the petitioner's Form-A application under Rules 2008 within 6 months; direction to respondent No.7/Tahasildar to examine the Form Nos.50 and 53 applications and pass a speaking order on whether the occupied land falls within or outside the notified forest area; restraint on respondent-authorities from precipitating the matter until disposal of the applications.