ORAL ORDER

The petitioners have challenged the order dated 29.08.2009 in FOC Nos.168 and 170/2006-07 passed by respondent No.3 as well as the order dated 19.12.2014 passed by respondent No.2 in Appeal No.167/2011-12.

2. (i) The petitioners claim that the State Government had granted 8 acres of land in Sy.No.67 of Kengeri village on 12.06.2001, which was followed by a saguvali chit dated 21.07.2001 and possession of the granted land was handed over which was evidenced by a certificate dated 17.01.2005. The State Government had granted another extent of 2 acres 32 guntas of land in Sy.No.67 of Kengeri village on 26.06.2003 after following due process of law as contemplated under Section 69 of the Karnataka Land Revenue Act, 1964. The petitioners claimed that State Government granted lease of 12 acres of land in Sy.No.69 of Kengeri village in terms of an order dated 27.02.2004 for a period of 30 years and the possession thereof was handed over on 16.07.2004. The State Government also granted another extent of 13 acres of land in Sy.No.69 of Kengeri Village on lease for a period of 30 years as per the order dated 07.07.2004 and possession was handed over on 02.09.2004. The petitioners contend that the petitioner No.1 had established educational institutions, hospitals, engineering college, nursing college and hostel for students and other allied institutions.

(ii) The petitioners contend that land in Sy.No.67 totally measuring 47 acres 22 guntas was classified as 'Mufatkaaval'. Out of the said extent, 30 acres 30 guntas was transferred to the Forest Department and 6 acres was granted in favour of M/s. People for Animal Trust and remaining extent was granted to Adichunchanagiri Shikshana Trust and possession was also handed over. The petitioners claimed that land bearing Sy.No.69 measured 111 acres 8 guntas, of which 25 acres was leased in favour of the Trust after following due procedure. The petitioners contend that the entire extent of land in Sy.No.69 was revenue land, while Sy.No.68 measured about 62 acres 26 guntas was declared as forest land in terms of the order dated 14.12.1935. The petitioners contend that they are not concerned with Sy.No.68. However, they contend that due to discrepancy in marking the boundaries of land in their possession, a small extent of 15 guntas of land of Sy.No.68 was shown to be lying within the boundaries of the land occupied by them.

(iii) The petitioners contend that the Forester had submitted a complaint alleging encroachment of forest land in Sy.No.67 measuring 5 to 6 acres. A case in FOC No.168/2006- 07 was registered on 29.08.2009. A complaint was also lodged alleging encroachment of forest land in Sy.No.68 measuring 7 acres 20 guntas. A report was registered in FOC No.170/2006- 07. The Range Forest Officer conducted an enquiry in accordance with the Rule 71 of the Karnataka Forest Rules and opined that there was encroachment of 15 guntas in Sy.No.67 and 7 acres 20 guntas in Sy.No.68 which was treated as buffer zone from the forest boundary. The report was forwarded to the Assistant Conservator of Forest, who initiated proceedings in FOC Nos.168 and 170/2007. The petitioners submitted its statement setting out details of grant made in Sy.Nos.67 and 69. The petitioners claimed that if a joint survey was conducted and if there was any encroachment, they were ready to handover the encroached portion. They denied that 7 acres 20 guntas in Sy.No.68 was the buffer zone and claimed that it was not a forest land. They denied that they had encroached into 15 guntas of Sy.No.67 but contended that if a survey is conducted in respect of Sy.No.68 and if it is found that the petitioners have encroached the land, they were ready to hand it over.

(iv) The respondent No.3 allegedly without considering the records, opined that there was encroachment and the authorities had no right to grant forest land to the petitioners. The petitioners claimed that in so far as 15 guntas of encroached land in Sy.No.67, the De