Karnataka High Court
Chandhrashekar vs The State Of Karnataka on 12 February, 2025
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NC: 2025:KHC:6416-DB
WP No. 29296 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.I. ARUN
WRIT PETITION NO. 29296 OF 2023 (GM-RES-PIL)
BETWEEN:
1. CHANDHRASHEKAR
S/O VENKATESHAIAH
OCCUPATION: FARMER
ALAGERI VILLAGE
DOORVASPURA POST
THIRTHAHALLI TALUK
SHIVAMOGGA DISTRICT - 577 432.
...PETITIONER
(BY SMT. M.V. AMRUTHA, ADVOCATE)
Digitally signed
AND:
by
PRABHAKAR
SWETHA
KRISHNAN
1. THE STATE OF KARNATAKA
Location: High REPRESENTRED BY ITS SECRETARY
Court of
Karnataka FOREST DEPARTMENT
BENGALURU - 560 001.
2. TAHASILDAR
THIRTHHALLI TALUK
SHIVAMOGGA DIST - 577 432.
3. THE FOREST CONSERVATIVE OFFICER
AGUMBE ZONE
MEGARVALLI
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WP No. 29296 of 2023
4. SENIOR GEOLOGICAL SCIENTIST
MINES AND GEOLOGICAL
SCIENCES DEPARTMENT
SHIVAMOGGA DISTRICT
5. MR. UMAPATHI
S/O SHESHADRAIAH
OCCUPATION: FARMER
ALAGERI VILLAGE
DOORAVASAPURA POST
THIRTHAHALLI TALUK
SHIVAMOGGA - 577 432
(IMPLEADED VIDE ORDER DATED 28.05.2024)
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-4;
SRI ANSHUMAN A, ADVOCATE FOR
IMPLEADING APPLICANT IN I.A.No.1/2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO ISSUE A WRIT OF MANDAMUS OR
DIRECTION DIRECTING THE RESPONDENTS TO TAKE
STERN ACTION AGAINST THE ENCROACHER.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
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WP No. 29296 of 2023
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
By filing this petition in the nature of public interest
litigation, the petitioner has prayed to direct the respondent-
authorities to take action to remove the encroachment.
2. The case pleaded was inter alia that the land bearing
Sy.No.16 of about 150 Acres of Minor Forest and Soppinabetta
of 65 Acres and 23 Guntas situated in Alagere Village,
Shivamogga District, was a government land which was
encroached upon to the extent of 10 Guntas by one Umapathy
son of Sheshadraiah who had occupied 10 Guntas of land in
Sy.No.20 and that he made Ibex fencing and pillars. It was
alleged that valuable and medicinal trees were also cut. He
had also proceeded to cultivate the land, it was alleged.
3. The petitioner, who happens to be a farmer, further
stated that he gave complaint to the respondents who issued
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notice, but the encroachment was not removed. In view of the
said encroachment and inaction on part of the authorities, the
present petition came to be filed.
4. In response to the notice, statement of objections has
been filed on behalf of the respondents, wherein it was inter
alia pointed out that there existed a dispute amongst the
family members of the said Umapathy. It was stated that, in
this regard, information was received by the Forest Range
Officer on 16.02.2021, wherein it was conveyed that
Umapathy had encroached upon the land to the extent of 10
Guntas which was a restricted forest land. It was the further
information available with the Forest Range Officer, as stated,
that the trees were illegally cut and the wood was stored for
firewood purposes. It was next stated that the Deputy Range
Forest Officer was asked to inspect and submit a report. FIR
was filed and a forest case was also registered under Sections
33(2)(v) and 33(3) of the Karnataka Forest Act, 1969. A copy
of the FIR is also produced.
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4.1 The statement of objections was inter alia as under,
"...Since the said 10 guntas in Sy.No.16 was part
of the District Forest, a joint responsibility lay with
the Revenue and Forest Departments to remove
any encroachment. However, to clear doubt as to
whether the land comes within the jurisdiction of
notified forest or not; the Range Forest Officer
conducted an inspect on 28.06.2022 and found
that the said extent of 10 guntas in Sy. No.16 did
not fall under any notified forest land extent, but
was a part of the district forest."
4.2 About the inquiry conducted and the statement of
Umapathy, the following averments were made in
paragraph 6,
"...an enquiry was conducted and the
statement of Umapathy was recorded;
wherein, he accepted his mistake of
encroaching upon 10 guntas of District forest,
which he said, he had committed unknowingly.
Considering that he had unknowingly grown
ginger in the 10 guntas of land, he
volunteered to clear the encroachment. He
informed that Tahsildar that an application in
Form No.57 in the name of his sister
Nagarathna had been filed on 06.12.2018
under Rule 108 CCC 1 and 2 of the Karnataka
Land Revenue Rules seeking for regularization
of her unauthorized occupation..."
4.3 It was further stated that since the said Umapathy
accepted the commission of offence and pleaded guilty,
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penalty amount was to be recovered under Section 33(3) of
the Karnataka Forest Act read with the relevant Rules. It was
also stated that the Range Forest officer and the revenue
officials initiated eviction proceedings and recovered the land
to the extent of 10 Guntas which was encroached upon.
4.4 It was pointed out that mahazar was also conducted on
16.07.2024 in presence of the President of the Gram
Panchayat, the Revenue Inspector, Beat Forester, Deputy
Range Forest Officer, the Village Administrative Officer and
possession of said 10 guntas has been taken.
4.5 Therefore, joint inspection was once again conducted
and it was ensured that there was no recurrence of the
encroachment of the site, the inspection revealed. It was
stated that there was no encroachment and that the barbed
fence put up by the said Umapathy was also removed.
5. In view of the above, it could not be disputed by learned
advocate Smt. M.V. Amrutha for the petitioner that the
encroachment has been removed. The proceedings of public
interest petition are required to be closed.
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6. However, at this stage, learned advocate for the
petitioner requested the Court that since the land was forest
land and the trees were cut, the status of forest land shall be
maintained and the trees should be grown.
6.1 It is expected that the authorities shall ensure that the
encroached area is grown with trees and the forest status is
reclaimed of the land.
7. The petition is liable to be disposed of and it is
accordingly disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
KPS
