Karnataka High Court
Sri. Venkatesh Dasar vs The State Of Karnataka on 16 March, 2017
Bench: Chief Justice, R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2017
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
WRIT PETITION NO.7868 OF 2017 (GM-FOR)
AND
WRIT PETITION NOS.7964 TO 7967 OF 2017 (GM-FOR)
BETWEEN
1. Sri Venkatesh Dasar
S/o Sri Beemdas
Aged about 53 years
R/at Siddarameshwara Nagar
Gadag-582 102.
2. Sri Basavannayya Hiremath
S/o Sri Sangayya
Aged about 55 years
R/at Nagavi Post and Taluk
Gadag-582 103.
3. Sri Thakur Singh N Malagimani
S/o Sri Narayanappa
Aged about 55 years
R/at Beladadi Thanda
Gadag Taluk
Gadag District-582 103.
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4. Sri Hanumappa Hemalappa Poojar
S/o Sri Hemalappa
Aged about 30 years
R/at Beladadi Thanda, Gadag Taluk
Gadag District-582 103.
5. Sri Mantesh Roopalappa Tulasimani
S/o Sri Roopalappa
Aged about 35 years
R/at Beladadi Thanda, Gadag Taluk
Gadag District-582 103.
6. Sri Srinivas Thakur Singh Malagimani
S/o Sri Thakur Singh
Aged about 30 years
R/at Beladadi Thanda, Gadag Taluk
Gadag District-582 103. .. PETITIONERS
(By Sri Ashok Haranahalli, Sr. Counsel a/w
Sri Ashith Raj, Adv. for petitioner Nos.1 and 2,
Petitioner Nos. 3, 4, 5 and 6 are deleted vide
Court order dated 16.3.2017)
AND
1. The State of Karnataka
Represented by its Secretary
Department of Forest
Environment and Ecology
M.S. Building, Dr. Ambedkar Road
Bangalore-560 001.
2. The Principal Chief Conservator of Forests (Wild Life)
Aranya Bhavan,
18th Cross, Malleshwaram
Bangalore-560 003.
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3. The Karnataka Wildlife Board
Represented by its President
8th Floor, V.V. Tower
Ambedkar Veedhi
Bangalore-560 001.
4. The Deputy Commissioner
Department of Revenue
Gadag District
Gadag-582 101. .. RESPONDENTS
(By Sri Madhusudan R Naik, Advocate General a/w Sri V Sreenidhi, AGA ) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the proceedings dated 16.01.2017 held at Tontadarya Kala Bhavan, Dambala Village, Mundarigi Taluk, Gadag District in respect of declaring the Kappatha Gudda forest area as 'Kappatha Gudda Conservation Reserve" vide Annexure-F. These Writ Petitions coming on for Orders this day, THE CHIEF JUSTICE made the following:
ORDERS ON I.A.NO.II OF 2017, I.A.NO.III OF 2017, I.A.NO.IV OF 2017 AND I.A.NO.V OF 2017 Mr.Ashok Haranahalli, learned senior advocate appears and submits that the petitioner Nos.3, 4 , 5 and 6 are not willing to continue with this litigation.4
Mr.Jayakumar.S.Patil, learned senior advocate represents them and submits that they are not interested about this litigation.
Permission is granted, to the learned advocate for the petitioners, to delete the descriptions of petitioners Nos.3, 4, 5 and 6 from the cause title of the memorandum of parties.
Liberty is granted to file the amended memorandum of parties, by two weeks.
Accordingly, the applications are allowed. We make no order as to costs.
ORDER IN THE MAIN PETITIONS
2. By consent of the parties, we take up the matters for final hearing, although the matters are appearing under the head 'Hearing-Interlocutory Application'.
3. The Government has decided to declare Kappatha Gudda forest area as Conservation Reserve and for the purpose of such 5 declaration, the Government was required to hold a consultation in terms of Section 36A of Wildlife (Protection) Act, 1972.
4. A public notice was issued on January 7, 2017. It is on record that the petitioner Nos.1 and 2 and some other persons have lodged their protests. It is for the authorities to take the decision.
5. Mr.Ashok Haranahalli, learned senior advocate appearing for the petitioner Nos.1 and 2 submits that as the areas have not been defined in the public notice, they could not file their proper objection.
6. Be that as it may, perusing the materials and also the averments made in the writ petitions by the petitioner Nos.1 and 2, it is seen that they had also participated in the consultation meeting held on January 16, 2017. But still, it is their contention that they were not given an opportunity to express their views in the said meeting, though they waited for a long time on that day. 6
7. At this stage, we are not inclined to interfere with the matters to stall the process, as finality has not yet been reached.
8. The writ petitions stand disposed of. The Deputy Commissioner shall consider the representations that are filed by the petitioner Nos.1 and 2, before sending the inputs to the Wildlife Board.
9. We make no order as to costs.
10. In view of disposal of these petitions, the pending I.A.No.I of 2017 does not survive for consideration, and is therefore, dismissed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkp