Authorities must provide reasons and consider all relevant claims before deciding on land occupation matters.

ORAL ORDER

Petitioner who claims to be in possession and enjoyment of an extent of 4 acres of land in Sy.No.17 situated at Lingapura Village, Shivamogga Taluk and District for over 60 years, is before this Court seeking following reliefs;

"a) Issue writ of certiorari or similar writ, order or direction to quash the order dated 13.05.2019 passed by the 3rd respondent in No. Cha U Vi/Land Acquisition /G.L:06/2019-20 at Annexure-H;

b) Issue writ of certiorari or similar writ, order or direction to quash the order dated 25.09.2019 passed by the 2^nd respondent in Appeal No.35/2019-20 at Annexure-L;

c) Issue any other writ, order or directions as this Hon'ble Court deem fit to grant in the facts and circumstances of the case, in the interest of justice and equity."

2.Facts in brief are that;the petitioner has constructed a Mangalore Tiled house and has been cultivating the aforesaid land without any obstruction from anyone whomsoever. That his name is reflected in the RTC extract produced at Annexure-D and he has also paid the property tax. That survey was also conducted demarcating the area in possession of the petitioner. Things stood thus, mother of the petitioner had submitted an application to the Tahsildar, Shivamogga on 29.07.1998 seeking regularization of occupation over the aforesaid land which is pending for over 22 years. Thereafter, petitioner also submitted another application before the President of Forest Right Committee on 19.11.2009, which is also pending. A complaint came to be registered against the petitioner by the respondent No.3 in Proceedings No.06/2019-20. Respondent No.3 without giving any opportunity to petitioner passed Order dated 13.05.2019 directing the petitioner to vacate the aforesaid land within 30 days from the date of the order. Being aggrieved, petitioner preferred an appeal in Appeal No.35/2019-2020 before the respondent No.2 challenging the said order. That respondent No.2, without considering the documents and the evidence produced by the petitioner regarding his possession of the property, dismissed the appeal, confirming the order passed by the respondent No.3. Being aggrieved, the present petition.

3. Learned counsel appearing for the petitioner submits that the petitioner herein had specifically raised a ground with regard to portions of land having been granted in the name of certain K. Krishnamoorthy and Smt.B.V. Nagarathnamma in the very same survey number to the extent of 2 acres and 4 acres respectively. He refers to copy of RTC produced at Annexure-M for the year 2019-2020 reflecting the name of one Sri.K. E. Krishnamoorthy, s/o Erappagowda to the extent of 2 acres of land in Sy.No.17. Similarly, an extent of 4 acres of land in the said survey number having been granted in favour of one Smt.B. V. Nagarathamana. Thus, he submits that without adverting to these factual aspect of the matter, the respondent/authorities have proceeded to pass the impugned order merely based on certain Government order, which has no relevance to the facts of the case. Hence, seeks for allowing of the petition.

4. In response, learned AGA submitted that the land in Sy.No.17 has been declared and classified as 'Minor Forest' in terms of the Government Order dated 17.08.1929. Proceedings against the petitioner has been initiated in terms of Section 2 of the Forest Conservation Act , 1980. She further submits that the Appellate authority had indeed formulated points for his consideration as found at page No. 18 (ink page 67) of the impugned order and the Appellate authority having satisfied itself with regard to the material placed on