Karnataka High Court
Sri M C Rangaswamy vs State Of Karnataka on 2 April, 2024
Bench: Chief Justice, Krishna S Dixit
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WP No. 4152 of 2023
C/W WP No. 7783 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION No.4152 OF 2023 (GM-MM_S)
C/W
WRIT PETITION No.7783 OF 2024 (GM-MM_S)
IN W.P.NO.4152/2023:
BETWEEN:
SRI. D M DEVE GOWDA,
S/O SRI MANJE GOWDA,
AGED ABOUT 55 YEARS,
R/O ARENURU VILLAGE, KANATHI POST,
CHIKKAMAGALURU-577 101.
...PETITIONER
(BY SRI.MADHUSUDHAN M N.,ADVOCATE)
AND:
1. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
Digitally signed
by SHARADA 4TH FLOOR, ARANYA BHAVAN,
VANI B 18TH CROSS, MALLESHWARAM,
Location: HIGH BENGALURU-560 003.
COURT OF
KARNATAKA 2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF FOREST MINES AND GEOLOGY,
M.S. BUILDING, BENGALURU-560 001.
3. THE DEPUTY CONSERVATOR OF FORESTS
CHIKKAMAGALURU DIVISION,
CHIKKMAGALURU-577 101.
4. THE SENIOR GEOLOGIST (MINES)
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, CHIKKAMAGALURU-577 101.
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5. THE RANGE FOREST OFFICER
MOJANI UNIT, CHIKKMAGALUR TALUK,
CHIKKAMAGALUR DISTRICT-577 101.
6. THE TAHSILDAR,
CHIKKAMAGALUR TALUK,
CHIKKAMAGALUR DISTRICT-577 101.
...RESPONDENTS
(BY SRI. S S MAHENDRA., ADDITIONAL GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND
THEREBY QUASHING THE IMPUGNED ORDER DATED 21.11.2022
BEARING No.GABOE/HIBOCHI/KAGAU/APPLICATION 14/2022-
23/2765 AS PER ANNEXURE-S ISSUED BY THE RESPONDENT No-4
BY ALLOWING THE WP AND ii) ISSUE A WRIT OF MANDAMUS OR
ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTING THE
RESPONDENT No-3 AND 4 TO PERMIT THE PETITIONER TO START
STONE QUARRYING ACTIVITIES IN HIS PATTA LAND BEARING
LAND IN Sy.No-84 OLD No.55 OF DEVARAHALLI VILLAGE, AVATHI
HOBLI, CHIKKAMAGALUR TALUK AND DISTRICT MEASURING TO
AN EXTENT OF 1 ACRE LAND AND iii) ISSUE WRIT OF MANDAMUS
DIRECTING THE RESPONDENT No-1 AND 3 TO CONSIDER THE
REPRESENTATION DATED 16.11.2021 OF THE PETITIONER AS PER
ANNEXURE-M.
IN W.P.NO.7783/2024:
BETWEEN:
SRI. M C RANGASWAMY,
S/O M. J. THIMMEGOWDA ,
AGED ABOUT 69 YEARS,
R/O DODDAMAGGE VILLAGE AND POST,
ARAKALGU TALUK, HASSAN DISTRICT,
HASSAN 573 201.
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
...PETITIONER
(BY SRI.UDAYA HOLLA., SENIOR ADVOCATE FOR
SRI. L CHIDANANDAYYA., ADVOCATE)
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WP No. 4152 of 2023
C/W WP No. 7783 of 2024
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF FOREST,
M S BUILDINGS,
BENGALURU 560 001.
2. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
COMMERCE AND INDUSTRIES DEPT (SSI & MINES)
1ST FLOOR, VIKASA SOUDHA,
BENGALURU 560 001.
3. THE PRINCIPAL CHIEF
CONSERVATOR OF FORESTS
FOR KARNATAKA ,
ARANYA BHAVAN,
MALLESWARAM,
BENGALURU 560 003.
4. THE DIRECTOR,
DEPARTMETN OF MINES AND GEOLOGY,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU 560 001.
5. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT,
HASSAN 573 201.
6. SENIOR GEOLOGIST,
DEPARTMENT OF MINES & GEOLOGY,
HASSAN DISTRICT,
HASSAN 573 201.
7. DEPUTY CONSERVATOR OF FORESTS,
SAKALESHPURA , HASSAN DISTRICT,
HASSAN 573 201.
8. ASSISTANT CONSERVATOR OF FORESTS,
SAKALESHPURA SUB DIVISION,
SAKALESHPURA 573 127.
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C/W WP No. 7783 of 2024
9. RANGE FOREST OFFICER,
ARAKALGUDU RANGE,
ARAKALGUDU 573 102.
...RESPONDENTS
(BY SRI.S S MAHENDRA., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR
RECORDS WHICH ULTIMATELY RESULTED IN ISSUING OF THE
IMPUGNED COMMUNICATION DATED 23.06.2023 IN No.
B4/BHUMI/DEEMED FOREST/MEETING 2015-16 ADDRESSED BY
THE 7TH RESPONDENT TO THE 5TH RESPONDENT- DEPUTY
COMMISSIONER AND CHAIRMAN, DISTRICT TASK FORCE
COMMITTEE (MINES) TO STOP THE CONDUCT OF QUARRYING
OPERATIONS IN THE SCHEDULE PROPERTY VIDE ANNEXURE-A
AND THE CONSEQUENT NOTICE No. DMG/SGH DEEMED
FOREST/KAGAGUSHA/2023-24/4149 DATED 15.02.2024 ISSUED BY
THE 6TH RESPONDENT-SENIOR GEOLOGIST DIRECTING THE
PETITIONER TO STOP THE CONDUCT OF QUARRY OPERATIONS
IN THE SCHEDULE PROPERTY ON THE GROUND THAT IT IS A
DEEMED FOREST VIDE ANNEXURE-A1 AND ETC.,
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, KRISHNA S DIXIT.J., MADE THE FOLLOWING:
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WP No. 4152 of 2023
C/W WP No. 7783 of 2024
ORDER
These two Petitions by the quarrying licensees seek to lay a
challenge to the orders whereby the lands comprised in the leases
in question having been treated as deemed forest, their quarrying
activity has been interdicted.
2. Learned Senior Advocate Mr. Uday Holla appearing
for the Petitioners argues that the impugned action of the official
Respondents in treating the subject quarry areas as deemed forest
is unsustainable and therefore, the same needs to be voided with a
direction to favour the claim of Petitioners for facilitating quarry
activity. Learned Government Advocate Mr. S S Mahendra
appearing for the Respondents having field the Statement of
Objections, resists both the Petitions contending that the subject
lands along with other figure in the Affidavit of the State
Government as the deemed forest and that, the said Affidavit filed
in W.P.No.(civil) No.202/1995 between T N GODAVARMAN
TIRUMALPAD vs. UNION OF INDIA and that the Apex Court has
accepted the same. That being the position, he contends, the
Petitions are liable to be dismissed.
3. Having heard the learned counsel appearing for the
parties and having perused the Petition papers, we are broadly in
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agreement with the submission of learned Government Advocate
appearing for the official Respondents, there being nothing
repugnant in the record of the case. The Apex Court in the subject
case had made an order dated 12.12.1996 describing forest, forest
lands and deemed forests. In terms of the said order, High Level
Expert Committees were constituted to study and submit the report.
The report was submitted on 02.04.1997. Accordingly, the
Government of Karnataka had filed the Affidavit enlisting inter alia,
that the lands that fall into the description of deemed forest.
4. Learned Government Advocate Mr. Mahendra is right
in submitting that the Apex Court vide order dated 18.08.2023 on
Interlocutory Application No. 44942/2019, has accepted the report
of the Expert Committee and the Affidavit which enlists the lands
including those comprised in the Petitions. The reply of Mr. Holla
that although Affidavit has been filed, there is no order accepting
the same, is bit difficult to countenance. The Apex Court order
reads as under:
"1. In pursuance to the judgment passed by this court on
12.12.1996 [T N GODAVARMAN TIRUMALPAD vs.
UNION OF INDIA (1997) 2 SCC 267], the State of
Karnataka has submitted that it has constituted an
Expert Committee.
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2. In the affidavit, it is further stated that as per the
report of the Committee an area ad measuring
3,30,186.93 hectares has been identified as deemed
forest and the same has also been approved by the
State Government.
3. The said compliance is taken on record.
4. The application stands disposed of."
5. The contention of Mr. Holla that liberty should be
reserved to the Petitioners to seek clarification of the same at
the hands of Apex Court needs no examination inasmuch as, it is
always open to the aggrieved to resort to course of the kind,
nothing contrary having been demonstrated from the record. Be
that as it may; no relief as of now can be granted to the Petitioners.
In the above circumstances, these Petitions being devoid of
merits are liable to be and accordingly dismissed, costs having
been made easy.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Snb, bsv
