Back
HEMANT GUPTA, VIKRAM NATH
State of Karnataka – Appellant
Versus
M. A. Mohamad Sanaulla – Respondent
JUDGMENT :
VIKRAM NATH, J.
The appellant State of Karnataka has preferred this appeal assailing the correctness of the judgment and order dated 16.04.2021 passed by the Division Bench of the High Court of Karnataka in Regular First Appeal No.1287 of 2012, “The State of Karnataka and another vs. M.A. Mohd. Sanaulla and another” whereby the appeal of the State was dismissed along with a cost of Rs.1 lakh with certain adverse remarks against the State law officer conducting the matter with a direction to conduct enquiry also. The High Court had confirmed the judgment and decree of the Trial Court dated 08.03.2012 passed in OS No.1424 of 2006 whereby suit for declaration, possession and permanent injunction filed by the State- appellant was dismissed.
FACTS:
2. The dispute relates to land situated in village Chikkasanne within Bhuvanahalli State Forest area. Notification dated 08.01.1921 issued under Section 4 of the Forest Regulation read with Section 17 of the Mysore Forests Regulations declared that with effect from 01.02.1921 an area of 59 acres 08 guntas equal to 09 square miles in Taluk Devanahalli, District Bangalore (Block Bhuvanahalli) comprising of lot no. 66, 67 and 68 of villag
In a State machinery, it takes reasonable time to nominate and arrange for another officer to come and give evidence in court – Time for producing a witness to prove plaint averments as also other su....
The main legal point established in the judgment is the probative value of the Gazette Notification under the Forest Act and the implications of the bar on entertaining suits during the notification ....
Mutation records do not confer title. The burden of proof rests on the party asserting encroachment. Primary evidence is mandatory for establishing property disputes, and boundaries specified in titl....
The court affirmed that the disputed mining area is classified as Revenue land, not Reserve Forest, necessitating a joint survey to resolve land classification disputes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
