Karnataka High Court
D B Gopala vs State Of Karnataka on 30 January, 2025
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2025:KHC:4380
WP No. 13675 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 13675 OF 2020 (GM-FOR)
BETWEEN:
1. D.B.GOPALA
S/O BASAVANYAPPA,
AGED ABOUT 53 YEARS,
AGRICULTURIST,
R/O BALEGUNDI VILLAGE,
KASABA HOBLI,
SAGARA TALUK-577 401,
SHIVAMOGGA DISTRICT.
2. M.S.CHANDRASHEKAR BHATT
S/O LATE SRIPATHI BHATT,
AGED ABOUT 58 YEARS,
AGRICULTURIST,
R/O NADAMANCHE VILLAGE,
KASABA HOBLI,
SGARA TALUK-577 401,
SHIVAMOGGA DISTRICT.
Digitally signed by ...PETITIONERS
THEJASKUMAR N
Location: HIGH
(BY SRI. RAJENDRA., ADVOCATE FOR
COURT OF SRI. S.V.PRAKASH., ADVOCATE)
KARNATAKA
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FOREST, ECOLOGY
AND ENVIRONMENT,
BENGALURU-560 001.
2. THE CHIEF CONSERVATOR OF FOREST,
SHIVAMOGGA CIRCLE,
SHIVAMOGGA CITY-577 201.
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WP No. 13675 of 2020
3. THE DEPUTY CONSERVATOR OF FOREST,
REGIONAL SUB-DIVISION,
SAGAR-577 401,
SHIVAMOGGA DISTRICT.
4. THE AUTHORIZED OFFICER AND ASSITANT
CONSERVATOR OF FORESTS, SAGARA
SUB-DIVISION,
SAGARA-577 401,
SHIVAMOGGA DISTRICT.
5. GRAMA PANCHAYATH ULLUR,
REPRESENTED BY ITS
PANCHAYATH DEVELOPMENT OFFICER,
SAGAR TALUK,
SHIVAMOGGA DISTRICT.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Rajendra., counsel on behalf of Sri.S.V.Prakash., for the petitioners and Sri.Mahantesh Shettar., AGA for respondents 1 to 4 have appeared in person.
2. The captioned Writ Petition is filed seeking following reliefs.
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(a) Issue a Writ in the nature of Certiorari and quash the orders dated:08.05.2019 passed by the fourth respondent in proceedings vide Annexures E and Q.
(b) Issue a Writ in the nature of mandamus to consider and dispose of their application for recognition of their forest rights under the provisions of Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and also seeks fro issuance of an appropriate writ to declare that the demarcation of the Reserved Forest Land as per the notification dated:10.05.1988 issued by forest department comprised in Sy.No.45 of Nadamanchale village, Kasaba Hobli, Sagar Taluk in Shivamogga District based on the survey conducted by the forest department comprised in Sy.No.45 of Nadamanchale village, Kasaba Hobli, Sagar Taluk in Shivamogga District based on the survey conducted by the forest department as illegal, arbitrary and contrary to the ground reality and consequently seek for issuance of writ in the nature of mandamus directing the respondents to conduct fresh survey in order to demarcate the actual extent of land declared as forest land in said survey number.
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3. Counsel for the petitioners submits that prayer (a) has become infructuous.
The oral submission made by counsel for the petitioners about infructuous of prayer (a) is placed on record.
Because the prayer (a) has become infructuous, there is nothing to pass orders as far as prayer (a) is concerned.
4. As far as prayer (b) is concerned, the eviction orders were passed on 08.05.2019 vide Annexures-E & Q. These eviction orders were questioned before the Chief Conservator Forest, Shivamogga in Forest Appeal Nos.27 and 28/2019-20. The appeals were disposed of and the matters were remitted to the Assistant Conservator of Forests, Sagara Sub-Division, Shivamogga and are pending as of today.
Counsel Sri.Rajendra., on instruction submits that a direction may be issued to the Assistant Conservator of Forests to conduct a survey. AGA submits that an appropriate order may be passed.
The oral submission made by counsel for the respective parties is placed on record.
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5. The request of the petitioners to conduct the survey cannot be considered in this Writ Petition because of the pendency of the matters before the Assistant Conservator of Forests. If the petitioners want a survey, they are at a liberty to make an appropriate application. If such an application is made, the Assistant Conservator of Forests, Sagara Sub- Division, Shivamogga is directed to consider the application and pass appropriate orders in accordance with law.
6. Resultantly, the Writ Petition is disposed of.
Sd/-
(JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 1