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Karnataka High Court · body

2020 DIGILAW 1442 (KAR)

Afroz Mohammed Khan v. State of Karnataka

2020-07-20

B.M.SHYAM PRASAD

body2020
ORDER : 1. Heard the learned Counsel for the petitioners, and the learned High Court Government Pleader and perused the impugned order. 2. The petitioners, who assert to be the owners in possession of the land in Sy.No.49/16A, 49/25, 49/16B, 49/16C, 49/16DP2, 49/18, 49/19 and 9/9 of Rasulpura Village, Kushalnagar Hobli, Somawarpet Taluk, Kodagu District, have filed this petition impugning the Communication dated 16.5.2019 by the third respondent and Memorandum dated 6.6.2019 by the fourth respondent with a prayer for direction to the third respondent to permit the petitioners to cut and remove the teakwood trees in their lands in terms of the order dated 30.5.2018. 3. The third respondent by his Communication dated 16.5.2019 addressed to the fourth respondent has requested for a further opinion on the petitioners’ rights to cut and remove the teakwood trees because of the number of trees, and consequent to this Communication dated 16.5.2019, the fourth respondent has called upon the Tahsildar, Somawarpet Taluk and the Assistant Commissioner, Madikeri Sub division (the fifth and sixth respondents) to conduct spot inspection and submit specific opinion through proper channel. 4. The learned counsel for the petitioners submits that such opinion viz., the opinion as regards the petitioners’ right to their lands, and the right to cut and remove the standing teakwood trees is already part of the record as per the sixth respondent’s Communication dated 18.7.2018, the petitioners were permitted to cut and remove the standing teakwood trees vide-order dated 30.5.2018, but this order has not been given effect to. The learned counsel for the petitioners in support of his canvass for the relief/s relies upon subsequent opinion/s dated 5.12.2019/30.12.2019 by the third respondent reiterating that the petitioners are the owners of the aforesaid lands and that they will be entitled to cut and remove the standing teakwood trees. 5. The learned Government Pleader does not dispute the opinion/s dated 5.12.2019/30.12.2019 relied upon by the learned counsel for the petitioners. Further, the order dated 30.5.2018 permitting the petitioners to cut and remove the standing teakwood trees in their lands is not disputed; furthermore, after the order dated 30.5.2018, the second respondent visited the petitioners’ lands and stayed the operation of the order dated 30.5.2018 on certain grounds is not disputed. Further, the order dated 30.5.2018 permitting the petitioners to cut and remove the standing teakwood trees in their lands is not disputed; furthermore, after the order dated 30.5.2018, the second respondent visited the petitioners’ lands and stayed the operation of the order dated 30.5.2018 on certain grounds is not disputed. If the order dated 30.5.2018 is stayed by the second respondent for certain reasons and thereafter if the Revenue authorities have reiterated their opinion, as required under Rule 119 of the Karnataka Forest Rules, that the petitioners, being the owners of the subject lands, are entitled to cut and remove the standing teakwood trees in such lands, this Court is of the considered opinion that this writ petition could be disposed of, without expressing any opinion on the merits of the application, with direction to the third respondent the Competent Authority to consider the petitioners’ application for felling and removing teakwood trees in the lands in Sy. Nos.49/16A, 49/25, 49/16B, 49/16C, 49/1DP2, 49/18, 49/19 and 9/9 of Rasulpura Village, Kushalanagar Hobli, Somwarpet Taluk, Kodagu District, in accordance with law, taking note of the opinion/s dated 5.12.2019/30.12.2019. As such, the following order: (a) The writ petition is disposed of directing the third respondent the Competent Authority to consider the petitioners’ application for felling and removing teakwood trees in the lands in Sy.Nos.49/16A, 49/25, 49/16B, 49/16C, 49/1DP2, 49/18, 49/19 and 9/9 of Rasulpura Village, Kushalanagar Hobli, Somwarpet Taluk, Kodagu District, in accordance with law, taking note of the opinion/s dated 5.12.2019/30.12.2019. (b) The petitioners shall inform the third respondent about this order within four weeks from today furnishing the copy of this order under acknowledgment, and the third respondent shall consider the petitioners’ application for permission as aforesaid within the next four weeks.