STATE OF KARNATAKA Vs. G. RAMANARAYANA JOSHI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment dtd. 17/7/2019 passed by the High Court of Karnataka at Bengaluru in Writ Appeal No.2319 of 2018 (KLR-­RES). Through the said judgment, the Division Bench has dismissed the appeal filed by the appellants herein. The intra-­court appeal before the Division Bench was filed by the appellants, assailing the order dtd. 13/9/2017 passed by the learned Single Judge of that Court, in W.P. No.46003/2013 (KLR-­RES). The learned Single Judge had allowed the writ petition filed by the respondent herein and had quashed the communication that was impugned at Annexure M and N to the writ petition. Consequently, direction was issued to the appellants herein to withdraw the land belonging to the respondent which was transferred to the Forest Department and restore the same to the appellant in terms of sub-­rule (2) to Rule 119 of the Karnataka Land Revenue Rules, 1966 (for short, 'Rules 1966').

(3.) The brief facts necessary to be noted for the disposal of this appeal are; the respondent claims to have succeeded to the property bearing Survey No.170 measuring 45.01 acres situated in Horanadu village, Kasaba Hobli, Mudigere Taluk, Chikmagaluru District. The said property is claimed to have been purchased by his ancestors, namely, Bhima Jois, son of Venkatasubba Jois of Horanadu Village in a public auction held on 10/12/1887. The ancestors of the respondent and thereafter, the respondent who succeeded to the property, claim to have continued in uninterrupted possession of the said property. However, the land revenue having not been paid, the property was forfeited to the Government during 1892. Though that was the position, the property remained in the possession and enjoyment of the family even after such forfeiture and they continued to enjoy it. To that effect, the Khetwar extract for Survey No.170 (Old Survey No.132) of the year 1919 is produced in the writ petition and relied upon by the respondent.