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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JULY, 2021

PRESENT

THE HON9BLE MRS. JUSTICE B. V. NAGARATHNA

AND

THE HON9BLE MR. JUSTICE P. KRISHNA BHAT

WRIT PETITION NO.7010 OF 2021 (KLR-RES-PIL)

BETWEEN:

1.

K.B.Lokappagowda,

S/o Bhadregowda,

Aged about 69 years,

R/at Hangaravalli Village & Post,

Avathi Hobli,

Chikkamangaluru-577 101.

2.

H.L. Dileep,

S/o Lokappagowda,

Aged about 38 years ,

R/at Hangaravalli Village & Post,

Avathi Hobli,

Chikkamangaluru-577 101.

3.

A.U.Narayanagowda,

S/o Uddegowda,

Aged about 72 years,

R/at Hangaravalli Village & Post,

Avathi Hobli,

Chikkamangaluru-577 101.

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4.

H.C. Dinesh,

S/o H.D. Channegowda,

Aged about 38 years,

R/at Hangaravalli Village & Post,

Avathi Hobli,

Chikkamangaluru-577 101.

5.

M.S. Tara,

W/o Narayanagowda,

Aged about 68 years ,

R/at Hangaravalli Village & Post,

Avathi Hobli,

Chikkamangaluru-577 101.

6.

Parvathegowda,

S/o Krishnegowda,

Aged about 41 years,

R/at Hangaravalli Village & Post,

Avathi Hobli,

Chikkamangaluru-577 101.

7.

H.C. Rajakumar,

S/o Seetharam Raj Aras,

Aged about 35 years

R/at Hangaravalli Village & Post,

Avathi Hobli,

Chikkamangaluru-577 101.

8.

Raghu,

Krishnegowda

Toatadahalli Village & Post,

Kasaba Hobli,

Chikkamangaluru-577 101.

9.

H.L. Divya

D/o Lokappagowda

Aged about 33 years

R/at Hangaravalli Village & Post,

3

Avathi Hobli,

Chikkamangaluru-577 101.

10.

G.V. Kannika

Aged about 32 years

C/o H L Dilip,

R/at Hangaravalli Village & Post,

Avathi Hobli,

Chikkamangaluru-577 101.

... Petitioners

(BY Sri. Amshith Hegde.H.S, Advocate)

AND:

1.

The Chief Secretary,

Revenue Department,

Vidhana Soudha,

Ambedkar Veedi,

Bengaluru-560 001.

2.

The Chief Secretary,

Dept of Forest,

Environment and Ecology,

M S Building,

Ambedkar Veedhi,

Bengaluru- 560 001.

3.

The Deputy Commissioner,

Of Chikkamagaluru District,

Vijayapura,

Chikkamagalur Town 3 577 101.

4.

The Divisional Forest Officer,

SH-57, Vijayanagar,

Chikkamagaluru Town,

Chikkmagaluru District-577 101.

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5.

Tahsildar,

Of Chikkamagaluru Taluk,

SH-57, Near Hanumanthappa Circle,

Vijayapura,

Chikkamagaluru 577 101.

... Respondents

(By Ms. Vani.H. AGA)

This writ petition is filed under Article 226 of the

Constitution of India praying to restrain respondents

authorities from transferring / converting the revenue land

into forest and etc.

This writ petition is coming on for preliminary hearing,

this day, Nagarathna J., passed the following:

O R D E R

This writ petition is stated to have been filed in the

public interest.

2.

The prayer and interim prayer in the writ

petition read as under;

<PRAYER

Wherefore, the petitioners pray that this

Hon9ble Court may be pleased to:-

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i)

Restrain respondents9 authorities from

transferring/converting the revenue land

into forest.

ii)

Direct the respondent authorities to

consider

the

applications

of

the

petitioners, filed

under form No.53,

(Bagar Hukum scheme) and to grant the

respective

lands

in

favour

of

the

petitioners.

iii)

Grant such other further relief as may

deem fit in the circumstances of the

case.

INTERIM PRAYER

Pending disposal of above writ petition, the

petitioners pray that this Hon9ble Court may be

pleased to direct the respondents to maintain

Status-quo, in the process of transfer of

revenue lands to forest, in Sy No.174 of

Hangaravalli

Village,

Avathi

Hobli,

and

Chikkamagaluru

Taluk

&

District.

In

the

interest of justice.=

3.

We

have

heard

the

learned

counsel

Sri Amshith Hegde H. S., for the petitioners.

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4.

Learned counsel for the petitioners candidly

submitted that the petitioners have sought a direction to

consider their applications filed under form No.53 (Bagar

Hukum Scheme) and to grant the respective lands which

they are stated to be cultivating in their names and until

then direct the respondents to maintain status-quo with

re