High Court Karnataka High Court

M B Nemanna Gowda vs The State Of Karnataka on 2 November, 2009

Karnataka High Court
M B Nemanna Gowda vs The State Of Karnataka on 2 November, 2009
Author: V.Gopalagowda And B.V.Nagarathna
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated: 2nd day 0f Nevember '   ..

Present

I-ION'BLE Mr.JUSTICE V.Q()PAIA' .   

And % &
HON'BLE Mrs.JUSTIC~}'~E_ B_.y.NAG{   ii
WRIT APPEAL No.1 752%/2:398' 

MBNEMANNA GOWDA
@MVMANMA'I'HA   :   - 
S/OM.R.    

AGED ABOUT 56 YE-ARs2":f  ~ ~    .

R/O MAREBYLU 5   

G. AGRAHARAVILI..A.GE-   "

GONIBEEDU pos*:"',--._ '1:   "

MUDIGERE TALUK_      _ _'

CHIKMAGALUR DES'I'RICT "~._ '   * .  APPELLANT

(By Sn' A.G.SHfVANNA._ Abvf FLOR'
M/S.A_ Q sHIv=m§:N.A.,a: ASSOCIATES, ADVS}

     ..... 

1 ‘ ~STA_TE’OF”KAI?NA’.T?AI{A
THROUGH THE SECRETARY TO THE Govri,
REVENUE DEE-‘ARTMENT
. M.s.EU1LDIz\2Gs
u__B;_:NGALURU–56o 001

I V.I T£1ELA3sIsTANT COMMISSIONER

” [ CHIKMAGALUR SUB-DIVISION

* CHIKMAGALUR

2

3 THE ASST CONSERVATOR OF FORESTS
MUDIGERE SUB–DIVISION
MUDIGERE .

CHIKMAGALUR DISTRICT

4 THE TAHSILDAR
MUDIGERE TALUK
MUDIGERE

CHIKMAGALUR DISTRICT    .0 at 

(By Si\/IT.A.D.\/IJAYA, AGA.)i

-000-

W.A is filed u/5.4 of the Karnataka. Act”

against the order dated 22-10–200″i’._passed”in _Writ} Petition
N0. 16252/2007 V ‘

This WA coming on fotrth .A’_’.:’12ief0re the Court
this day, Gopala Gowda, J :de’1ive:red.the f0110″w’1ng:–

. . ‘ . .. ” N T

This appteaiis sea gigéiireiét order dated 22/10/2007
passed byjthe iearned single Judge dismissing the writ

petition the appellant herein has sought

for Efgd’0rsement dated 10-9-2007 issued by the

;i’ahsi1daf”*-refiiisinlg to enter katha in his him in respect of

nm04sy;1\fo.77, 78 and 79 of G.Agrahara village since

‘isin’ithe name of Forest Department.

\\\«/

3

2. The grievance of the appellant is that he has been

registered as an occupant of the lands in question under

Section 9 of Karnataka (Personal and Miscellaneous).p*Ina1ns

Abolition Act by the Deputy Commissioner Vide

20-3-1975. By mistake, the Deputy

transferred these lands to Forest Dep;§rt1fi ¢n%.

lands.

3. There is delay of appeal.

Accepting the reasons state_d,”‘2009, the

same is allowed ar1d_ tlfjgefl this appeal is

condoned. — ‘

4. Since theV_dmatter”‘can. be disposed of on a short point.
€earned”dvrf.§0Vernment Advocate, Smt.A.D.Vijaya is directed to
ta}§e._ of respondents.

It that as per AnneXure–N dated 7-5-2007

“”d.-Ti,produnced dd along with the writ petition, the Deputy

C’ornrrIi-ssioner directed th Tahsildar to conduct enquiry in

7. Aecordingiy, the writ appeal is disposed of qua-shing

the order of learned single Judge and the writ

stands disposed of with the above directions.

8. The Govt.Advocate is permit.ted;1-ts.:’fitle_1he§*’

appearance in three Weeks.

T? ls”~3UDGE

IUDaE

MP/ck