LOKAYYA Vs. JAYASHREE

JUDGEMENT

(1.) This is a simple case and the principal point that arises for determination is also concluded, by a direct ruling of a Division Bench of this Court. But, still thanks to the extremely technical, unhelpful and very determined objections of respondent No.1, who happens to be the daughter of an Advocate practising at Muddebihal and a former member of the Legislative Assembly, the case, has been complicated, records of the case have grown out of all proportion, occupied more time than it was legitimately entitled to, consequently delaying the disposal of the case itself. More than all this, the attitude of respondent No. 1 has caused anxiety and anguish to one and all and more so to one of my esteemed brother Judge, who having heard the case in full and given his best of consideration, did not complete his dictation and then transferred the same to be placed before another Judge. As a result of the same, by a special order of the Hon'ble the Chief Justice, this case was posted before me for hearing and that is how I heard this case over again. With this rilef prejace, it is now necersary to notice the facts oi the case, in the first instance.

(2.) Land bearing Sy. No. 169 moasuring 6 acros 37 glo-tas of Minajigi village, Muddebma lalak, Bijapur District is a Government land and has been classiued as 'Galrana' laud in the revenue records. Some time in 1976 the said land was handed over by the revenue department to the Forest Department for undertaking afforestation. Before or after the transfer of the said landi to the control of the Forest Department, a declaration uder the Karnataka Forest Act, 1963 or under the Karnataka I and revenue Act 1961 was not issued declaring the said Land as a reserved Forest area. On 2.8.1978 the Forest Dipartment surrendered the said land to the Revenue Department on the ground that the same was unsuitable for afforestation, but, till then the land was under the physical control of the Forest Department.

(3.) On 10.6.1978, the petitioner made an application before the Divisional Forest Officer, Bagalkote Division Pagalkote (hereinafter referred to as the DFO) for grant of a temporary quarrying permit on the aforesaid land under Rule 34 of the Karntaka Minor Mineral Concession Rules, 1969 (hereinafter referred to as the Rules), who by his order dt. 4.8.78 granted the same for a period of 90 days. Before the expiry of the said temporary permit, the petitioner on 14.7.1978 made an application belore the DFO for the grant of a regular quarrying lease on the land with the prescribed fee, which was referred by him to the Range Forest Officer, Muddebihal (hereinafter referred to as the RFO) for enquiry and report, who on inquiry recommended for its grant. On 22.7.1978 the DFO recommended to the Conservator of forest, Belgaum Cricle, Belgaum (hereinafter referred to as tho Conservator) for the giant of 2 acres of land to petitioner.