A civil suit for declaration and compensation against forest authorities for acts done under colour of duty falls under Section 114-A(2) of the Karnataka Forest Act, 1963, requiring only a prior notice, not the prior sanction mandated under Section 114-A(1) for criminal prosecutions.

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, PRAYING TO ALLOW THE PRESENT APPEAL BY SETTING ASIDE THE ORDER DATED 02.03.2021 PASSED IN O.S.NO.77/2020 BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AT BIDAR AND CONSEQUENTIALLY TO RESTORE THE SUIT TO ITS ORIGINAL FILE AND PERMIT THE APPELLANTS TO PROSECUTE THE SUIT ON MERITS.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ and HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. The appellants are before this Court, seeking the following reliefs:

“Wherefore, the Appellants pray that this Hon’ble Court be pleased to allow the present Appeal by setting aside the Order dated 02.03.2021 passed in O.S.No.77/2020 by the Court of Additional Senior Civil Judge at Bidar and consequentially to restore the suit to its original file and permit the Appellants to prosecute the suit on merits, in the interest of justice and equity.”

2. The appellants had filed suit in O.S.No.77/2020, seeking the following reliefs:

“Hence it is prayed that

The suit of the plaintiffs be decreed in the following manner:

a) It be declared that the plaintiffs are the exclusive owners of the suit lands

1. Sy No 69, measuring 36-acres 3-gts. R/A Rs. 4-40 P;

2. Sy. No. 70/1, measuring 14-acres 32-gts, R/A Rs. 5-75 P

3. 70/2, measuring 25-acres 15-gts. R/A Rs. 3-80 P

4. 72, measuring 33-acres 32-gts R/A Rs. 8-13 P

5. 73, measuring 35-acres 05-gts R/A Rs. 8-34 P

6. 74, measuring 33-acres 13-gts R/A Rs. 7-98 P

7. 75, measuring 29-acres 15-gts R/A Rs. 20-74 P

8. 76/1, measuring 26-acres 35-gts R/A Rs. 9-81 P

9. 76/2, measuring 16-acres 10-gts R/A Rs. 5-60 P

10. 77, measuring 35-acres 06-gts R/A Rs. 12-31 P

11. 78/1, measuring 22-acres 21-gts R/A Rs. 5-91 P

12. 78/2, measuring 15-acres R/A Rs. 7-84 P

all just adjacent and abutting to each other within the common boundaries as given in the subject matter of the plaint;

b) A decree of mandatory injunction be granted directing all the defendants to initiate acquisition proceedings and to pay the compensation thereof to the plaintiffs in respect of the suit lands.

c) Costs of the suit be awarded,

d) Any other relief to which the plaintiff is legally and equitably entitled to, may also be awarded.”

3. An application came to be filed under clause (d) of Rule 11 of Order VII read with Section 151 of the Code of Civil Procedure seeking rejection of the plaint. The Trial Court, by its order dated 02.03.2021 in O.S.No.77/2020, proceeded to reject the plaint on the ground that the plaintiffs had failed to comply with the mandatory requirement of issuing notice as contemplated under sub-section (2) of Section 114-A of the Karnataka Forest Act, 1963 (hereinafter referred to as “the Act” for the sake of brevity). It is the correctness of the said order of rejection that is called in question in the present appeal.

4. Sri Ravi B. Patil, learned counsel appearing on behalf of the appellants–plaintiffs, would contend that the Trial Court has proceeded on an erroneous construction of Section 114-A of the Act, resulting in an improper rejection of the plaint at the threshold. Elaborating the submission, it is contended that the Trial Court, while noticing that a legal notice dated 29.10.2018 had in fact been issued by the plaintiffs under Section 80 of the Code of Civil Procedure read with Sections 114 and 114-A of the Act, nonetheless fell into error in concluding that the suit was not maintainable for want of sanction as contemplated under sub-section (1) of Section 114-A .

5. It is submitted that the Tria