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2022 Supreme(Online)(Kar) 35956
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WP No. 102683 of 2021
C/w. W.P.Nos.138914/2020 & 146578/2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 102683 OF 2021 (GM-FOR)
C/W.
WRIT PETITION NOS.138914/2020 & 146578/2020 (GM-FOR)
IN WP NO.102683/2021
BETWEEN:
MR.MALLIKARJUN S/O. SIDDARAI SULDHAL
AGE: 21 YEARS, OCC: AGRICULTURE
R/O SIDDANAHALLI VILLAGE
POST-TUMMARAGUDDI
TQ AND DIST- BELAGAVI-591227
…PETITIONER
(BY SRI. VITTHAL S TELI, ADVOCATE)
AND:
1.
THE PRINCIPAL SECRETARY, DEPARTMENT
OF REVENUE, GOVERNMENT OF KARNATAKA
M.S. BUILDING, BENGALURU-560001
2.
THE PRINCIPAL SECRETARY
DEPARTMENT OF MAJOR IRRIGATION GOVERNMENT
OF KARNATAKA, M.S. BUILDING,
BENGALURU-560001
3.
THE DISTRICT LEVEL COMMITTEE
THE SCHEDULED TRIBES AND TRADITIONAL DWELLER
FOREST RIGHTS COMMITTEE AND DEPUTY
COMMISSIONER, BELAGAVI
COURT COMPOUND, BELAGAVI-590001
REPRESENTED BY ITS PRESIDENT/DEPUTY
COMMISSIONER, BELAGAVI
SAROJA
HANGARAKI
Digitally signed by
SAROJA
HANGARAKI
Location: Dharwad
Date: 2022.04.22
14:26:24 +0530
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WP No. 102683 of 2021
C/w. W.P.Nos.138914/2020 & 146578/2020
4.
THE DEPUTY CONSERVATOR OF FOREST OFFICER
BELAGAVI DIVISION, BELAGAVI
NEAR CENTRAL BUS STAND,
FOREST DEPARTMENT COMPOUND
BELAGAVI-590001
5.
THE SUB-DIVISIONAL (TALUKA) LEVEL COMMITTEE
THE SCHEDULED TRIBES AND TRADITIONAL FOREST
RIGHTS COMMITTEE AND ASSISTANT COMMISSIONER,
BELAGAVI.
REPRESENTED BY ITS PRESIDENT
ASSISTANT COMMISSIONER
SUB-DIVISION, BELAGAVI.
6.
THE DISTRICT BACKWARD CLASS AND WELFARE
OFFICER
BACKWARD CLASS AND WELFARE DEPARTMENT
BELAGAVI, NEHRU NAGAR, BELAGAVI.
7.
THE DEPUTY COMMISSIONER
COURT COMPOUND, BELAGAVI-590001
8.
THE SPECIAL DEPUTY COMMISSIONER
(LAQ, R AND R),
MAJOR IRRIGATION PROJECT CLUB ROAD,
BELAGAVI-590001
…RESPONDENTS
(BY SMT K. VIDYAVATHI, ADDL. AAG FOR R1 TO R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR
ORDER QUASHING THE PROCEEDING/MEETING DATED
29.05.2019 HELD BY THE RESPONDENT NO.3 UNDER THE
SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST
DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006
AND ALLIED RULES 2008 AND AMENDED RULES 2012 IN SO
FAR
REVIEWING/RECONSIDERING
THE
PETITIONER
CLAIM/CASE AND THEREBY DIRECTING THE RESPONDENT
NO.4 SUB-DIVISIONAL COMMITTED RECONSIDER BEARING
NO.f¥ÀªÀPÀ/VGAiÉÆ/CgÀtåºÀPÀÄÌ/«ªÀ;63/2007-08 DATED 30.05.2019 VIDE
ANNEXURE-X AND ETC.
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WP No. 102683 of 2021
C/w. W.P.Nos.138914/2020 & 146578/2020
IN WP NO.138914/2020
BETWEEN:
MR. MALLIKARJUN
S/O. SIDDARAI SULDHAL
AGE: 21 YEARS, OCC: AGRICULTURE,
R/O: SIDDANAHALLI VILLAGE,
POST: TIMARGUDDI,
TAL: and DIST: BELAGAVI-591227
…PETITIONER
(BY SRI. VITTHAL S TELI, ADVOCATE)
AND:
1.
THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE,
GOVERNMENT OF KARNATAKA,
M. S. BUILDING, BENGALURU-560001
2.
THE PRESIDENT
DISTRICT LEVEL COMMITTEE,
THE SCHEDULED TRIBES AND
TRADITIONAL DWELLER FOREST
RIGHTS COMMITTEE AND DEPUTY COMMISSIONER,
BELAGAVI, COURT COMPOUND,
BELAGAVI-590001
3.
THE DEPUTY CONSERVATOR OF FOREST OFFICER
BELAGAVI DIVISION, BELAGAVI,
NEAR CENTRAL BUS STAND,
FOREST DEPARTMENT COMPOUND,
BELAGAVI-590001.
4.
THE PRESIDENT
SUB-DIVISIONAL (TALUKA) LEVEL COMMITTEE,
THE SCHEDULED TRIBES AND TRADITIONAL FOREST
RIGHTS COMMITTEE AND ASSISTANT COMMISSIONER,
BELAGAVI.
facing_sheet_stamp.jpg
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WP No. 102683 of 2021
C/w. W.P.Nos.138914/2020 & 146578/2020
5.
THE DISTRICT BACKWARD CLASS
AND WELFARE OFFICER,
BACKWARD CLASS AND WELFARE DEPARTMENT,
BELAGAVI, NEHRU NAGAR,
BELAGAVI.
…RESPONDENTS
(BY SMT. K. VIDYAVATHI, AAG FOR R1 TO R5)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE WRIT OF MANDAMUS OR DIRECTION, DIRECTING THE
RESPONDENTS TO ISSUE CERTIFICATE OF TITLE FOR
FOREST
LAND
UNDER
OCCUPATION
(HAKU
PATRA)
ANNEXURE II IN RESPECT OF RS NO 154 MEASURING 5
ACRES 10 GUNTHAS IN SIDDHANAHALLI VILLAGE OF
BELAGAVI TALUKA AND DISTRICT AS PER THE SCHEDULED
TRIBES AND OTHER TRADITIONAL FOREST DWELLERS
(RECOGNITION OF FOREST RIGHTS) RULES 2008 AND
AMENDED RULES 2012 IN SO FAR AS PETITIONER IS
CONCERNED AS PER ANNEXURE "C" AND ETC.
IN W.P.NO.146578/2020
BETWEEN:
MR.MALLIKARJUN S/O SIDDARAI SULDHAL
AGE: 25 YEARS, OCC: AGRICULTURE,
R/O: SIDDANAHALLI VILLAGE,
POST: TIMARGUDDI,
TQ and DIST: BELAGAVI-591227.
…PETITIONER
(BY SRI. VITTHAL S TELI, ADVOCATE)
AND:
1.
THE SPECIAL DEPUTY COMMISSIONER
BELAGAVI and LAND ACQUISITION AND
REHABILITATION and RESETTLEMENT (R and R),
MAJOR IRRIGATION PROJECT CLUB ROAD,
BELAGAVI-590001.
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WP No. 102683 of 2021
C/w. W.P.Nos.138914/2020 & 146578/2020
2.
THE MANAGING DIRECTOR
KARNATAKA NIRAVARI NIGAM LTD.,
NO.1, 4TH FLOOR, COFFEE BOARD BUILDING,
DR.B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
3.
THE CHIEF ADMINISTRATIVE OFFICER
KARNATAKA NIRAVARI NIGAM LTD.,
THE CENTRAL OFFICE,
VIJAYA COMPLEX, SRINAGAR CROSS,
HALIYAL ROAD, DHARWAD-580003.
4.
THE EXECUTIVE ENGINEER
KARNATAKA NIRAVARI NIGAM LTD.,
GRBCC DIVISION NO.2,
HIDKAL DAM, TQ: HUKKERI,
DIST: BELAGAVI 590032
…RESPONDENTS
(BY SMT. K. VIDYAVATHI, AAG FOR R1;
SRI. RAMESH N. MISALE, ADVOCATE FOR R2, R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE WRIT OF CERTIORARI OR ANY ORDER QUASHING THE
ORDER DATED 24/02/2020 PASSED BY THE RESPONDENT
NO.1 VIDE ANNEXURE "F" AND ETC.
THESE
PETITIONS
HAVING
BEEN
HEARD
AND
RESERVED FOR ORDERS ON 04.04.2022, COMING ON FOR
PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
COMMON ORDER
1.
The petitioner is before this Court seeking for the
following reliefs:
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WP No. 102683 of 2021
C/w. W.P.Nos.138914/2020 & 146578/2020
In W.P.NO.102683/2021
i)
Issue writ of certiorari or any other writ or order
quashing
the
proceeding/meeting
dated
29.05.2019 held by the respondent No.3 under the
Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006
and allied Rules 2008 and Amended Rules 2012 in
so
far
reviewing/reconsidering
the
petitioner
claim/case and thereby directing the respondent
No.4 Sub-Divisional committee reconsider bearing
No.f¥ÀªÀPÀ/VGAiÉÆ/CgÀtåºÀPÀÄÌ/«ªÀ;63/2007-08
dated
30.05.2019 vide Annexure-X.
ii)
Issue writ of certiorari or any other writ or order
quashing
the
bearing
No.f¥ÀªÀPÀ/VGAiÉÆ/CgÀtåºÀPÀÄÌ/«ªÀ;63/2007-08/118
15/07/2021 vide Annexure-AJ passed by the
respondent No.3 in special proceeding/meeting
held under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 and allied Rules 2008 and
amended Rules 2012 is without authority of law
etc.
iii) And
consequentially
quash
proceedings/
meeting dated 30.06.2021 rejecting the claim of
by
respondent
No.4
communicated through Panchayat Development
Officer, Gram Panchayat Office, Tummarguddi
dated 06.07.2021 bearing
No.UÁæ¥À/vÀÄ/«ªÀ/2021-22
vide Annexures-AG and AH.
iv) Issue any other writ or directions to meet the ends
of justice.
In W.P.NO.138914/2020
i)
Issue writ of certiorari or direction directing the
respondents to issue certificate of title for Forest
Land under occupation (Haku Patra) Annexure-II
in respect of RS No.154 measuring 5 Acres 10
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Gunthas in Siddhanahalli village of Belagavi
taluka and district as per the Scheduled Tribes
and
Other
Traditional
Forest
Dwellers
(Recognition of Forest Rights) Rules 2008 and
amended
rules
2012
insofar
is
concerned as per Annexure-C.
ii)
Issue any other writ or directions to meet the
ends of justice.
iii)
Issue a writ of certiorari or any other writ or
order quashing the endorsement bearing No.
r1/¨sÀÆ«Ä/J¥sïDgÉ/C¥ÀºÀ/¹Dgï/2017-18 dated 26.03.2018
issued
by
Forest
Range
Officer,
Nesargi
subordinate to the respondent No.3.
In W.P.NO.146578/2020
i)
Issue writ of certiorari or any order quashing the
order
24.02.2020
bearing
No.
¨sÀƸÁé/»qÀPÀ¯ï/¢£ÀZÀj/19/2019-2020/1407 passed by the
respondent No.1 vide Annexure-F.
ii)
Issue writ of mandamus or direction directing the
respondents to pay a compensation as per
proposal for acquisition as per Section 11(1) of
the Land Acquisition Act sent by the respondent
No.4
bearing
No.
PÀ¤Ã¤¤/WÀ§PÁ¤«-
2/EJ¸ïJ/¨sÀƸÁé/§.£Á/2019-20/409 dated 24.05.2019
vide Annexure-E.
iii)
Issue any other writ or directions to meet the
ends of justice.
The petitioner claims that his ancestors were
occupiers in possession of RS.No.154 since long ago
and they had planted mango trees, laid a pipeline,
built a stone compound wall, planted sandalwood
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trees, teak wood trees, put up a water tank, etc., in
the said land situated in Tummurguddi Village of
Taluk and District Belagavi.
The petitioner belonging to a Scheduled Tribe,
sought for the land to be allocated to the petitioner
under the Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act,
2006 (for short ‘the Act’).. This application was
made post the land having been acquired for the
Karnataka Neeravari Nigam Limited (for short
‘KNNL’) by the State by respondents No.7 and 8
having issued notification under Section 4(1) of the
Land Acquisition Act, 1894 (for short ‘the LA Act’).
The contention of the petitioner is that the Additional
Deputy Commissioner, Belagavi had directed the
committee constituted for the grant of lands to
Scheduled Tribes to consider applications. The Gram
Sabha, Sulebhavi, being the committee constituted
under the Act received the applications submitted by
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the petitioner and various beneficiaries and held that
those beneficiaries were cultivating the land and
were in possession of the land vide Annexure-K
dated 17.04.2015. In pursuance thereof, a list of
beneficiaries was prepared and approved by the
Taluka Level Committee headed by the Assistant
Commissioner, Belagavi and forwarded to the
respondent
No.3
District
Level
Committee
for
approval which came to be approved by the
respondent No.3 District committee on 31.10.2015
vide Annexure-M.
The grievance of the petitioner is that despite such
approval and the Belagavi Taluka Backward Class
and Welfare Officer having issued an endorsement
containing the list of beneficiaries to whom the
Hakku Patra (Certificate of Title) was to be issued
which contained the name of the petitioner and
despite it being shown that the Hakku Patra had
been issued to the petiti
