B.M. Prakash v. State of Karnataka

Order dated

14.06.2019 had issued following directions:- "13. In view of the above, writ petitions are allowed. The impugned orders dated

27.09.2008 as per Annexure-A and

06.06.2014 as per Annexure-B are hereby quashed. The respondent – Deputy Commissioner to hold enquiry after hearing both the parties and submit its report to the Principal Secretary, Forest Department as well

as Principal Secretary, Revenue Department of the State Government. Based on the report, it is for the respondent No.4 – State Government to take appropriate steps through the concerned authorities and proceed in accordance with law."

¶9Nothing is placed on record by the respondent-Authorities to have made any progress pursuant to the directions issued by this Court in conducting the enquiry as directed.

¶10Since the learned AGA clarified that there has been no interference by respondents and they will not interfere until conclusion of the enquiry, the said submissions are taken on record.

¶11Respondent - Deputy Commissioner to conclude the enquiry within an outer limit of six months from the date of receipt of the certified copy of this order and take further steps as directed by this Court in the aforesaid order dated 14.06.2019.

¶12Respondent - Authority shall not precipitate the matter in any manner till conclusion of such enquiry and order in this regard is passed in accordance with law.

Sd/- (M.G.S. KAMAL) JUDGE

Vmb List No.: 1 Sl No.: 11

((((((((((((HC-KAR, NC:(2026:KHC:39451( WP(No.(19400(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010454752023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(29 (DAY(OF(JULY,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(M.G.S.(KAMAL( WRIT(PETITION(NO.19400(OF(2023((GM-FOR)( ( BETWEEN:(( ( B.,M.,PRAKASH, S/O.,MUNIKRISHNAPPA, AGED,ABOUT,56,YEARS,, R/O.,NEHRU,ROAD, SRINIVASAPURA,TOWN, SRINIVASAPURA,TALUK-563,138, KOLAR,DISTRICT, …PETITIONER, (BY,SRI,JAYARAMA,BHATT,S.,,ADVOCATE), AND:( ( 1., STATE,OF,KARNATAKA, Digitally REPRESENTED,BY,ITS,PRINCIPAL,SECRETARY, signedtiby DEPARTMENT,OF,REVENUE,NIRMALA BENGALURU-560,001,DEVI ,Location: HIGH0COURT 2., THE,CHIEF,CONSERVATOR,OF,FOREST, OF ARANYA,BHAVAN,KARNATAKA MALLESHWARAM, BENGALURU-560,003, , 3., THE,DEPUTY,CONSERVATOR,OF,FOREST, KOLAR,DIVISION, KOLAR-563,101, , , ((((((((((((HC-KAR, NC:(2026:KHC:39451( WP(No.(19400(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010454752023( ( ( 4., THE,ASSISTANT,CONSERVATOR,OF,FOREST, KOLAR,SUB-DIVISION, KOLAR-563,101, , 5., THE,RANGE,FOREST,OFFICER, SRINIVASAPURA,,KOLAR,DISTRICT, KOLAR-563,101, , 6., THE,DEPUTY,COMMISSIONER, KOLAR,DISTRICT, KOLAR-563,101, …RESPONDENTS, (BY,SRI,M.,SRINIVAS,KUMAR,,H.C.G.P.), , , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, DIRECT,THE,RESPONDENT,NOS.3,TO,5,NOT,TO,DESTROY,FARM, HOUSE,,POULTRY,FARM,AND,REMAINING,TREES,IN,THE,LAND, MEASURING, TO, AN, EXTENT, OF, 4, ACRES, 38, GUNTAS, COMPRISED, IN, SY., NO.84/P8, AND, ANOTHER, LAND, MEASURING,4,ACRES,COMPRISED,IN,SY.,NO.84,SITUATED,AT, SRINIVASAPURA, RURAL, VILLAGE,, KASABA, HOBLI,, SRINIVASAPURA,TALUK,,KOLAR,DISTRICT,AND,COMMANDING, THE,SIXTH,RESPONDENT-DEPUTY,COMMISSIONER,TO,COMPLY, THE,ORDER,DATED,14/06/2019,PASSED,BY,THIS,HON'BLE,IN, WP., NO.40199-40200/2014, AND, AWARD, THE, COST, OF, THIS, PROCEEDING.,, , THIS, PETITION,, COMING, ON, FOR, ORDERS,, THIS, DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court claiming to be in possession and enjoyment of land measuring 4 acres and 38 quntas in Sy.No.84/P8 and another extent of 4 acres in Sy.No.84 situated at Srinivasapura Rural Village, Kasaba Hobli, Srinivasapura Taluk, Kolar District. 2. It is contented that the petitioner had made an application before the Taluk level committee seeking regularisation of his possession. By order dated 17.05.1997, an extent of 4 acres 38 guntas of land was granted in the name of the petitioner vide Order bearing No.LND/RUO(K)151/96-97. On the very same day, by another order bearing No.LNDRUO(K)151/96-97, 4 acres of land was granted in favour of Narayanappa S/o Papaya. Land granted in favour of Narayanappa has been inherited by the petitioner as said Narayanappa had no issues. Revenue records have been mutated in the name of the petitioner and that he has set up a poultry farm and enjoying the same exclusively without any interference. 3. Things stood thus, respondent No.3 issued notice under Section 64A of the Karnataka Forest Act, calling upon the petitioner to vacate and hand over the premises. 4. Being aggrieved, the petitioner had approached this court by filing Writ Petition No.40199-40200 of 2014. The said writ petition was allowed by Order dated 14.06.2019 directing the authorities to hold an enquiry and to proceed in accordance with the law. Though the said order was passed on 14.06.2019, till date petitioner has not received notice of any enquiry as directed by this Court. However, on 23.08.2023 respondent Nos.3 to 5 with the aid of police and the labourers came to the land of the petitioner and destroyed some of the trees and attempted to demolish the buildings constructed thereon. Being aggrieved the petitioner is before this Court seeking direction to respondent Nos.3 to 5 not to destroy the farmhouse, poultry farm and the trees existing on the said land and also for a direction to respondent No.6 - Deputy Commissioner to comply with the order dat