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2022 Supreme(Online)(Kar) 40231
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MAY, 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION No.10137/2022 (GM-FOR)
BETWEEN:
SMT. JAYAMMA
AGED ABOUT 80 YEARS,
W/O. LATE H. N. SHANKARAIAH,
R/AT NO. MIG-10,
H.N. PURA ROAD,
HOUSING BOARD CHANNARAYAPATTANA,
HASSAN-573 201.
...PETITIONER
(BY SRI.SOMANATH.H. ADV.)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY
ADDITIONAL CHIEF SECRETARY,
FOREST, ECOLOGY AND ENVIRONMENT DEPARTMENT,
KARNATAKA GOVERNMENT SECRETARIAT,
ROOM NO. 448, 4TH FLOOR, GATE NO.2,
M.S. BUILDING, BENGALURU-560 001.
2.
THE DEPARTMENT OF FOREST
REPRESENTED BY PRINCIPAL SECRETARY,
VIDHANA SOUDHA, M.S. BUILDING,
BENGALURU-560 001.
3.
THE DEPUTY CONSERVATOR OF FOREST
HASSAN DISTRICT,
HASSAN-573 201.
4.
THE ASSISTANT RANGE FOREST OFFICER
CHANNARAYAPATNA SUB DIVISION,
2
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573 116.
5.
THE RANGE FOREST OFFICER
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573 116.
6.
THE TAHSILDAR
OFFICE OF THE TAHSILDAR,
CHANNARAYAPATNA TALUKA OFFICE,
CHANNARAYAPATNA-573 116.
7.
THE DEPUTY COMMISSIONER
HASSAN, DC OFFICE, B.M. ROAD,
HASSAN-573 201.
8.
THE ASSISTANT COMMISSIONER
HASSAN DISTRICT,
HASSAN-573 201.
&RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP. FOR R-1 TO R-5.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING
OF THE IMPUGNED SHOW CAUSE NOTICE DATED 28.01.2022
ISSUED BY THE R4 AT ANNEXURE-A IN SO FAR AS THE
PETITIONERS LAND IS CONCERNED AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-
Learned High Court Government Pleader accepts
notice for respondents.
The
petitioner
is
before
this
Court
challenging
the
notice
bearing
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No.Sa.Aa.Sum/Cha.Ra.Pa/Bhoo
Manjurathi/Kaggali
Kavalu/408/2021-22 dated 28.01.2022 [Annexure-A]
whereby the petitioner is directed to vacate the land
bearing old Sy.No.22, new Sy.No.23 of Kaggali Kavalu
Village, Channarayapatna Range failing which it is
stated that action would be initiated under Section 64
[a][1] of the Karnataka Forest Act, 1963.
It is contended that the notice is in the
nature of order and the said order is issued without
providing any opportunity to the petitioner. It is
submitted that an opportunity was necessary, since it
involves the right to property.
Learned High Court Government Pleader
having taken notice fairly submits that Annexure-A
notice be treated as show-cause notice, providing
opportunity to the petitioner to submit objections.
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Taking note of the above submissions,
Annexure-A
notice
bearing
No.Sa.Aa.Sum/Cha.Ra.Pa/Bhoo
Manjurathi/Kaggali
Kavalu/408/2021-22 dated 28.01.2022 is treated as
show cause notice. The petitioner is granted four weeks
time to submit her reply to Annexure-A notice dated
28.01.2022. On receipt of the reply, the respondents are
directed to consider the objections and pass appropriate
order.
Till consideration of the reply and passing of the
order, the parties to maintain status-quo. All the
contentions of the parties are left open.
Accordingly, writ petition stands disposed of.
Sd/-
JUDGE
NC.
