2. MR. CHANDRU S/O SURA, AGED ABOUT 50 YEARS R/O UDINAMAKKI KARGADE, KALASA HOBLI, MOODIGERE TALUK CHIKKAMAGALUR DISTRICT

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1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 9 TH DAY OF APRIL 2014 : PRESENT : HON BLE MR. D.H.WAGHELA, CHIEF JUSTICE AND HON BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION Nos & / 2014 (GM-FOR) BETWEEN 1. MR. VENKATARAMAIAH N P S/O LATE PUTTASHAMAIAH AGED ABOUT 70 YEARS R/O CHIKKANAKUDIGE, THOTADOOR VILLAGE, KALASA HOBLI, MOODIGERE TALUK 2. MR. CHANDRU S/O SURA, AGED ABOUT 50 YEARS R/O UDINAMAKKI KARGADE, 3. MR. SHASHIKANTH S/O CHANDRA RAJAIAH, AGED ABOUT 45 YEARS R/O ATHIKONDA BALIGE, MAVINE KERE GRAMA 4. MR. B.P.PRAKASH S/O PUTTAIAH, AGED ABOUT 55 YEARS R/O HOSABAIL BALIGE, MAVINE KERE GRAMA, CHIKKAMGALUR DISTRICT MR. CHANDRA RAJENDRA S/O PAYAPAIAH, AGED ABOUT 53 YEARS, R/O BALIGE, MAVINE KERE GRAMA

2 2 6. MR. ANUP S/O A.M. CHINNEGOWDA AGED ABOUT 42 YEARS, R/O HABUKODIGE, MAVINE KERE GRAMA, KALASA HOBLI, MOODIGERE TALUK 7. MR. M.S. VENKAPPA S/O SUBBARAO, AGED ABOUT 75 YEARS R/O MUJEKHAN, HALLUVALLI 8. MR. K.J. JAYAKUMAR S/O GINARAJAIAH, AGED ABOUT 40 YERAS R/O BALIGE, MAVINE KERE GRAMA, 9. MR. J. RAVINDRA S/O JANADHARANA CHARY AGED ABOUT 46 YEARS, R/O PALAPODU HADLU, KADGADE, MAVINE KERE GRAMA, 10. MR. B. VISHWANTH GOWDA S/O LATE BOBEGOWDA, AGED ABOUT 60 YEARS R/O HOSUR, MAVINE KERE GRAMA, 11. MR. CHANDRASHEKARAIAH S/O SRINIVASA RAO, AGED ABOUT 74 YEARS R/O BARAGOD, MAVINE KERE GRAMA,, 12. MR. GOPALAKRISHNA S/O LATE RAMAIAH, AGED ABOUT 48 YEARS

3 3 R/O THOTADOOR VILLAGE, KALASA HOBLI MOODIGERE TALUK, 13. MR. RAVINDRA S/O LAKSHMINARAYANA, AGED ABOUT 45 YEARS R/O HUDINA MAKKI, KADGADE, KALASA HOBLI, MOODIGERE TALUK... PETITIONERS ( BY SRI SHASHI KIRAN SHETTY K, ADVOCATE. ) A N D 1. THE STATE OF KARNATAKA M.S. BUILDING, BANGALORE REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT. 2. GRAMA ARANYA HAKKU SAMITHI KALASA GRAMA PANCHAYATH, KALASA , REP. BY ITS SECRETARY. 3. GRAMA ARANYA HAKKU SAMITHI, THOTADOORU GRAMA PANCHAYATH, THOTADOORU , REP. BY ITS SECRETARY. 4. THE ASSISTANT COMMISSIONER CHIKKAMAGALUR, 5. THE DEPUTY COMMISSIONER CHIKKAMAGALUR, 6. THE MANAGING COMMITTEE, SRI KALASHESHWARA SWAMY TEMPLE, KALASA , BY ITS TRUSTEE.

4 4 7. THE LAND TRIBUNAL MUDIGERE, MUDIGERE TALUK CHIKKAMAGALUR , BY ITS CHAIRMAN. 8. THE LAND REFORMS APPELLATE AUTHORITY, CHIKKAMAGALUR CHIKKAMAGALUR , BY ITS CHAIRMAN. 9. THE DEPUTY CONSERVATOR OF FORESTS KOPPA DIVISION, KOPPA, CHIKKAMAGALUR THE ASSISTANT CONSERVATOR OF FORESTS BALEHONNUR SUB-DIVISION, BALEHONNUR THE CHIEF SECRETARY DEPARTMENT OF FOREST GOVERNMENT OF KARNATAKA, M.S. BUILDING, BANGALORE SRI M. SHEKAR SHETTY FATHER S NAME NOT KNOWN TO THE PETITIONERS, MAJOR, R/AT MANGALAGIRI ESTATE, BALEHOLE POST, MUDIGERE TALUK, CHIKKAMAGALUR MR. GIDDA S/O KENCHA, AGED ABOUT 58 YEARS R/O MAVINKERE VILLAGE, MOODIGERE, 14. SRI SANJEEVA S/O NADU, MAJOR, AGRICULTURIST, R/AT MAVINAKERE VILLAGE, MOODIGERE TALUK, 15. SRI KALASAIAH S/O PUTTAIAH, AGED 53 YEARS. 16. SRI GIDDAIAH S/O SUBBAIAH, MAJOR.

5 5 17. SRI KRISHNA S/O SUBBAIAH, MAJOR. 18. SRI BELLAIAH S/O MAMANJAIAH, MAJOR. R-16 TO R-18 R/AT MAVINAKERE VILLAGE, MOODIGERE TALUK, 19. SRI A. VENKATESHAIAH S/O ANANTHAIAH, AGED 73 YEARS R/AT AJJAYANA MANE, HALUVALI POST, KALASA HOBLI, MAVINKERE VILLAGE, MUDIGERE TALUK, CHICKMAGALUR SRI R.K. PRASAD SHENOY S/O R.V. KRISHNA MURTHY AGED 46 YEARS, MAVINAKERE VILLAGE KASABA HOBLI, MUDIGERE, CHICKAMAGALUR SRI K.V. ANANTHA S/O VENKATACHALAIAH, AGED 43 YEARS BETTADA KUMBRI, TOTADUR VILLAGE, KASABA VILLAGE, MUDIGERE TALUK CHIKKAMAGALUR SRI UMESH S/O B.S. KALASAIAH, AGED 29 YEARS MADDINAKOPPA TOTADUR VILLAGE, MUDIGERE TALUK, CHICKAMAGALUR SRI T.V. VENKATASUBBAIAH S/O VENKATAKRISHNAIAH HEBBAR AGED 58 YEARS, R/AT TALAGODU, BALEHOLE POST, MUDIGERE TALUK, CHICKAMAGALUR SRI B. CHENNAIAH S/O NAGAPPAIAH, MAJOR, R/AT THOTADUR GRAMA, KALASA HOBLI MUDIGERE TALUK, CHICKAMAGALUR

6 6 25. MR. ALAN LOBO S/O GLIBERT PETER, AGED ABOUT 65 YEARS BROOK SIDE ESTAGE, DARIMANE, KALASA POST, MUDIGERE TALUK, CHICKMAGALUR DISTRICT SRI T.V. VENKATASUBBAYYA S/O VENKATAKRISHNAYYA, MAJOR, RA/T BALEHOLE POST, HEBBAR, MUDIGERE, CHIKKAMAGALUR SRI M.R. KRISHNAMOORTHY S/O RAMABHADRA NELLI, MAJOR R/A MELADIA, HALURALLY POST KALASA HOBLI, MUDIGERE CHIKKAMAGALUR SRI VISHNUMOORTHY S/O JANARDANAYYA, MAJOR R/AT HALUVALLY POST, MUDIGERE, CHICKAMAGALUR SRI SANNA BIRAIAH, SINCE DEAD BY LRS. 29. SRI NAGAIAH, S/O SANNA BIRAIAH AGED 50 YEARS, R/AT KADEMAKKI HALUVALLI POST, MUDIGERE CHICKAMAGALUR SRI B.V. JAYAGANAPATHI FATHER S NAME NOT KNOWN TO THE PETITIONERS, MAJOR, R/AT BALEHOLI VILLAGE, MUDIGERE TALUK, CHICKAMAGALUR SRI B.V. NARAYANA PURANIK S/O VASURAYA PURANIK, MAJOR R/AT HALUVALLY POST, KALASA HOBLI MUDIGERE, CHICKAMAGALUR (DELETED VIDE COURT ORDER DATED ) 32. SRI SRINIVASAYYA S/O SUBBAIAH V., MAJOR R/AT BETTAGERE HOUSE

7 7 HALUVALLY POST, KALASA HOBLI MUDIGERE, CHICKAMAGALUR SRI V.N. SATHYANARAYANA S/O NAGESH RAO, MAJOR, R/AT VALABAIL MAVINAKERE VILLAGE, KALASA MUDIGERE, CHICKAMAGALUR SRI M.D. SADASHIVA, SINCE DEAD BY LRS: 34. SRI M.J. SADASHIVA, S/O JANARSHANAYYA, MAJOR, R/AT HALUVALLY POST, MUDIGERE TALUK, CHICKAMAGALUR SRI M.J. CHENNAKESHAVA S/O JANARSHANAYYA, MAJOR R/AT HATIKADLU, HALUVALLY POST, MUDIGERE TALUK, CHICKAMAGALUR SRI M.J. RAMESHA S/O JANARSHANAYYA, MAJOR, R/AT HATTIKADLU, HALUVALLY POST, MUDIGERE TALUK, CHIKKAMAGALUR SRI M. J. VENKATESH S/O JANARSHANAYYA, MAJOR, R/AT HALUVALLY POST, MUDIGERE TALUK, CHIKKAMAGALUR SMT. HANAJI BEJIYAMMA W/O IDINABBA, MAJOR R/AT MAVINAKERE, KALASA CHICKAMAGALUR (DELETED VIDE COURT ORDER DATED ) SRI NAGAPPA S/O VENKATAPPA, SINCE DEAD BY LRS.: 39. SMT. LAKSHMI, W/O NAGAPPA AGED ABOUT 65 YEARS. 40. SMT. MOHINI D/O NAGAPPA, MAJOR.

8 8 R-39 & R-40 ARE R/AT GANTE MAKKI, MAIN ROAD, KALASA SRI G. BHEEMESHWAR JOSHI S/O GAJENDRA PRASANNA JOSHI MAJOR, R/AT KALASA HOBLI, MUDIGERE, CHICKAMAGALUR RESPONDENTS ( BY SRI NARENDAR.G., A.G.A. FOR R-1, 4, 5 & SRI K.GOVINDARAJ, ADVOCATE FOR R-41. ) WRIT PETITIONS FILED PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT & REVIEW THE JUDGEMENT & ORDER DATED , PASSED IN W.A.NOS /2005 (KLR-RES) C/W W.A.NO.1558/2007 [GM-FOR] & W.P.NO.9573/1999 [LR-PIL] PASSED BY THIS HON'BLE COURT & CONSEQUENTLY DISMISS THE SAME OR IN THE ALTERNATIVE DECLARE THAT THE ORDER DATED (ANNEXURE-A) IS NOT BINDING ON THE PETITIONERS HEREIN AND TO DIRECT R-2 & R-3 TO CONSIDER THE APPLICATION FILED BY THE PETITIONERS HEREIN, AND TO RESTRAIN THE RESPONDENT AUTHORITIES AND THEIR MEN FROM DISPOSSESSING THE PETITIONERS FROM THEIR RESPECTIVE PROPERTIES. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, NAGARATHNA, J, MADE THE FOLLOWING:

9 9 O R D E R Learned counsel for the petitioners, at the outset, submitted that the petitioners are not pressing prayers (a) and (b). The other prayers sought by the petitioners is to consider their application made to the concerned respondent authority. 2. The petitioners have stated that they are residing in the forest areas, which have been notified pursuant to the notification issued by the erstwhile Mysore State on , notifying certain extents of land as Reserved Forest. In respect of those lands, the Deputy Commissioner had initiated proceedings against certain persons. Notices issued by the Deputy Commissioner as well as the orders passed were assailed by certain persons in various Writ Petitions. The Writ Petitions were disposed of by a learned Single Judge of this court against which the State had filed Writ Appeal Nos /2005 and other appeals. Those appeals were connected with Writ Appeal No. 9573/1999, which was a Public Interest Litigation (PIL) filed by certain persons residing in Mudigere Taluk seeking

10 10 certain prayers for the protection of the Reserved Forest pursuant to the notification dated The Writ Appeals as well as the Writ Petitions were disposed of by a Division Bench of this court on Though the petitioners have sought to assail that order in these proceedings as stated above, they did not press those prayers as has been stated by learned counsel for the petitioners. 3. We have heard learned counsel for the petitioners and learned A.G.A. for the respondents and perused the material on record. 4. The only relief that has been sought by the petitioners in these petitions is that, in case they are to be evicted, then, it must be done in accordance with law and by following due process of law. 5. Learned A.G.A. states that, if the petitioners have to be evicted, then, the procedure as stated by the Division Bench in the order dated shall be complied with. Paragraphs-34 and 35 of the said order read as under:

11 The Conservator of Forests, Chickmagalur Circle shall therefore issue notice to all such occupants and grantees and take steps to evict them from the lands which are part of the notification dated However, having noticed the contention put forth that some of the grantees belong to the second or third generation and their forefathers/ancestors have been in cultivation having obtained the land from Temple and since all of them are not before this court, it would be open to such of those beneficiaries of the order passed under the KRCIA Act to bring to the notice of the Conservator of Forests that the forest land had been broken up for cultivation prior to i.e., the date on which the Karnataka Forest Act came into force. However, to establish that they were in possession and cultivation prior to there should be authentic material to indicate that the tenancy is granted by the Temple/Competent Government Authorities. Further, since it is contended that there is coffee cultivation, proof of such cultivation in terms of the requirements under the Coffee Act, 1942 shall also be produced. Mere stray entries in revenue

12 12 records shall not be acceptable. If the said requirements are found to be satisfied and in such cases, if the Land Tribunal/Land Reforms Appellate Authority/Special Deputy Commissioner for Inams has granted the same shall form material for recommending to the Central Government/Central Advisory Committee under FC Act for consideration. If the recommendation is not accepted by the Central Government, it shall become final and they shall thereafter be evicted. If the above requirements are not satisfied and despite the same, if grants are made by the authorities indicated above, such grants shall remain void and invalid as already stated. The Conservator of Forests shall undertake the above exercise even in respect of persons who have had the benefit of the order of the learned Single Judge dated who are the respondents in W.A.Nos /2005 and if they do not satisfy the condition stipulated above, they shall also be evicted. The said procedure shall also be followed in respect of respondent Nos.7 to 8 in W.P.No. 9573/1999 (PIL). Insofar as the appellant in W.A.No.1558/2007, it is seen that the Conservator of Forests as the Appellate Authority has already rejected the case of the

13 13 appellant. The appellant therein had claimed right in respect of a portion of the property as having purchased under sale deed dated from its previous owners and in respect of the other portion since it is contended that the Revenue Authorities have collected T.T.Fine, it is obviously on encroached land. Not only survey has been conducted to indicate it as forest land, we have also concluded that they are forest lands and as such he is liable to be evicted. The learned Single Judge was therefore justified in his conclusion. 35. In the result, we pass the following: ORDER i) W.A.Nos /2005 are allowed in the above terms. The order dated passed by the learned Single Judge is set aside to the extent assailed. ii) W.A.No. 1558/2007 is dismissed. iii) W.P.No. 9573/1999 is allowed in terms of the above with the following directions: iv) The Conservator of Forests, Chickamagalur Circle is directed to take steps

14 14 to evict all persons who are not entitled to remain in possession of the forest lands which is the subject matter of the notification dated as indicated above in paras 28, 33 and 34 and take possession of the same. v) The Conservator of Forests, Chickamagalur Circle, shall file the action taken report before this court on before vi) Parties to bear their own costs. 6. In the circumstances, the respondent authorities are directed to comply with the directions and observations made by the Division Bench in the aforesaid order and take steps according to law. 7. With the aforesaid observations and directions, the Writ Petitions stand disposed. Sd/- CHIEF JUSTICE ckc/- Sd/- JUDGE