THAVRU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though the matter is coming up for preliminary hearing, with the consent of the learned counsels on both the sides, the matter is taken up for final disposal.

(2.) The petitioners are aggrieved by notices dated 21.02.2014 issued by the second respondent Assistant Forest Conservator, Regional Forest Division, Gulbarga calling upon the petitioners to evict from the lands in question i.e. Sy.Nos.154 and 154/1 of Hannikera village, Chittapur Taluk, on the premise that the said lands are forest lands and the petitioners are unauthorized occupants of forest lands.

(3.) Learned counsel Sri R.V. Nadagouda appearing for the petitioners draws the attention of this Court to a grant certificate dated 24.12.2009 at Annexures-A and B which were issued by the Tahsildar, Chittapur, granting the lands in question in favour of the petitioners. The learned counsel therefore submits that before issuing the notices, it was incumbent upon the second respondent to issue a show cause notice to the petitioners and seek their explanation. The learned counsel submits that without even verifying as to whether the petitioners are in unauthorized occupation or that their occupation is in pursuance of a grant made in their favour, the second respondent has issued the impugned notice without affording an opportunity of hearing to the petitioners.