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2022 Supreme(Online)(Kar) 35926
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF SEPTEMBER, 2022
PRESENT
THE HON9BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON9BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO.17398/2022(GM-FOR-PIL)
BETWEEN:
GIREESH ACHAR
S/O LATE CHANDRA ACHAR
OCCUPATION DRIVER
PUNAJI VILLAGE
BRAMMEVESHWARA
HOSANAGARA POST
HOSANAGR TALUK
SHIMOGGA DISTRICT - 577 418. ...PETITIONER
(BY SRI VEERENDRA R. PATIL, ADV.)
AND:
1.
GOVERNMENT OF INDIA
MINISTRY OF ENVIRORNMENT
AND FOREST, REGIONAL OFFICE
(SOUTHERN ZONE) KENDIRYA SADAN
IVth FLOR, E AND F WINGS
17th MAIN ROAD, 2nd BLOCK
KORAMANGALA, BENGLAURU - 560 034.
2.
CHIEF SECRETARY TO GOVERNMENT
OF KARNATAKA, ROOM NO. 320
3rd FLOOR, VIDHANASOUDHA
BENGALURU - 560 001.
3.
ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT, FOREST ECOLOGY
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AND ENVIRONMENT, ROOM NO. 448
GATE NO. 2, M.S. BUILDING
BENGLAURU - 560 001.
4.
DEPUTY CMMISSIONER
OF SHIVAMGGA DISTRICT
SHIMOGGA - 577 201.
5.
THE ASSISTANT COMMISSIONER
OF SAGARA SUB DIVISION
SAGARA TALUK
SHIMOGGA DISTRICT - 577 401.
6.
THE ASSISTANT COMMISSIONER
OF SHIVAMOGGA SUB DIVISION
SHIMOGA TALUK
SHIMGGA DISTRICT - 577 201.
7.
DEPUTY CONSERVATOR OF FOREST
BHADRAVATHI DIVISION
BHADRAVATHI, SHIMOGGA
DISTRICT - 577 201.
8.
DEPUITY CONSERVATR OF FOREST
SHIVAMGGA DIVISION
SHIMOGGA - 577 201.
9.
DEPUTY CONSERVATOR OF FOREST
SAGAR DIVISION, SAGAR
SHIMOGGA DISTRICT - 577 401.
10.
DEPUTY CONSERVATOR OF FOREST
WILD LIFE DIVISION, SHIMOGGA
SHIMOGGA - 577 201. ...RESPONDENTS
(BY SRI SHANTHI BHUSHAN, A.S.G, FOR R-1;
SMT. PRATHIMA HONNAPURA, A.G.A, FOR R-2 TO R-10)
THIS WRIT PETITION IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, PRAYING TO WRIT OF
MANDAMUS OR DIRECTION TO THE RESPONDENTS NO.5 AND
6 TO CONSIDER THE REPRESENTATION DATED 20/05/2022
GIVEN BY THE PETITIONER, WHICH IS PRODUCED AS
ANNEXURE-E AND ETC.
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THIS
PETITION
COMING
ON
FOR
PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE
FOLLOWING:
This public interest petition has been filed by the
petitioner seeking for the following reliefs:
"i) Writ Of Mandamus or direction to the
Respondents
No.5
and
6
to
consider
the
representation dated 20/05/2022 given by the
Petitioner, which is produced as Annexure-E.
ii) Further direct to the Respondents No.5 and 6
to pass the necessary order on representation
dated 20/05/2022 after giving the opportunity to
all
the
Grantees.
iii) Direct To The Respondents No.7 to 10 to
prefer the appeal against the illegal grant Of
Notified Forest Land in respect of Shimogga Circle.
iv) Issue such other order or direction as may
be deemed fit to grant in the circumstances of the
case, in the ends of justice and equity".
When a query was put to the learned counsel
for the petitioner, learned counsel for the petitioner
stated before this Court that the petitioner is a driver and
has not even passed S.S.L.C. examination.
We have considered the averments made in
the petition. There are no antecedents of the petitioner
with regard to he having involved in any social activity
and no public spirited antecedents of the petitioner has
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been disclosed in the writ petition. The petitioner has also
not impleaded the persons in whose favour the alleged
grant of notified forest land has been made. In the
absence of the grantees, even otherwise, no adjudication
of the issue raised in the petition can be made.
At this stage, learned counsel for the
petitioner made a repeated prayer to permit him to
withdraw the writ petition. In view of the law laid down
by the Hon'ble Apex Court in the case of Sheela Barse
vs. Union of India & Others1, the petitioner cannot be
permitted to withdraw the petition.
Writ petition is accordingly dismissed.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
NMS
1 (1988) 4 SCC 226
