Karnataka High Court
Sri Narayanappa vs The Principal Secretary on 1 December, 2021
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.18763 OF 2021 (GM-FOR)
BETWEEN:
SRI. NARAYANAPPA,
S/O. LATE THIMMAPPA,
AGED ABOUT 48 YEARS,
R/AT BHIMAGANAHALLI,
BALAMAND POST,
BUDIKOTE HOBLI,
BANGAREPT TALUK - 563 114.
KOLAR DISTRICT.
...PETITIONER
(BY SRI. P.C.SUNITHA, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
MULTI STORIED BUILDING,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER,
KOLAR DISTRICT,
KOLAR - 563 101.
3. THE ASSISTANT COMMISSIONER,
KOLAR DISTRICT,
KOLAR - 563 101.
4. THE TAHASILDAR,
BANGARPET TALUK,
BANGARPET - 563 114.
5. THE ASSISTANT CONSERVATOR OF FORESTS,
BANGARPET SUB DIVISION,
BANGARPET - 563 114.
2
6. THE RANGE FOREST OFFICER,
BANGARPET SUB DIVISION,
BANGARPET- 563 114.
7. THE SUB INSPECTOR OF POLICE
KAMASAMUDRAM POLICE STATION,
KGF - 563 113.
...RESPONDENTS
(BY SRI. B.V.KRISHNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER PASSED BY THE R-5 DTD. 13.09.2021 UNDER ANNX-S
AND DIRECT THE R-2 TO 6 NOT TO DISPOSSESS THE
PETITIONER FROM THE LAND BEARING SY.NO.215/P15
MEASURING 3 ACRE AND NEW SY NOS.356 MEASURING 2 ACRE
AND 357 MEASURING 2 ACRE OF BALAMANDE VILLAGE,
BANGARPET TALUK, KOLAR DISTRICT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The subject matter of this writ petition is substantially
similar to the one in W.P.No.18804/2021, between SRI.
MUNIYAPPA VS. THE PRINCIPAL SECRETARY, disposed off
on 29.11.2021 by this Court following the decision of a
Coordinate Bench in LAXMAMMA vs. THE PRINCIPAL
SECRETARY, REVENUE DEPARTMENT, BENGALURU &
OTHERS, 2020(4) KCCR 3249, at para 10 has observed as
under:
"10. For the reasons stated above, the writ
petitions are allowed in part. The order dated
15.12.2019 passed by the Assistant Conservator
of Forest, Kalaburagi Sub-Division, which was
produced by the learned Government Advocate
during the course of the hearing is hereby quashed
and set aside, insofar as the petitioners are
concerned. However, it is made clear that the
competent authority of the Forest Department,
acting under the provisions of the Karnataka
Forest Act or any other statute, may proceed in
accordance with law by issuing a notice to the
petitioners, afford an opportunity of hearing to the
petitioners, conduct joint inspection or joint survey
in the presence of the officers of the Department of
Forest, Revenue and the petitioners herein and
thereafter proceed to pass orders in accordance
with law. Till such time, the respondents are
hereby directed not to dispossess or interfere in
the petitioners' peaceful possession of the lands
belonging to the petitioners, to the extent stated in
the writ petitions."
2. There is force in the submission of the learned
counsel for the petitioner that the relief granted to the
litigant in the cognate petition needs to be extended to the
petitioner herein on the principle of parity in view of Division
Bench decision of this Court in W.A.Nos.932-933/1974
between A.V.VINODA & ANOTHER Vs. STATE OF
KARNATAKA BY ITS COMMISSIONER & SECRETARY
disposed off on 11.12.1974.
In view of the above, this writ petition also succeeds;
impugned order is set at naught; matter having been
remanded, the proceedings shall be held as indicated in the
cognate judgment afresh, after notice to all stake holders.
All contentions are kept open.
Costs made easy.
Sd/-
JUDGE
DS/JY
