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2022 Supreme(SC) 946

HEMANT GUPTA, VIKRAM NATH
State of Karnataka – Appellant
Versus
M. A. Mohamad Sanaulla – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Nikhil Goel, Adv. Mr. V. N. Raghupathy, AOR Mr. Adithya Roy, Adv.
For the Respondent(s): Mr. C. A. Sundaram, Sr. Adv. Ms. Rohini Musa, AOR Mr. Vishal Badri, Adv. Mr. Piyush Dwivedi, Adv.

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

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