VINCENT PINTO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenge in this petition is to the communication dtd. 29/11/2022 whereby petitioner is sought to be evicted from the subject land on the premise that it belongs to the Forest Department. Learned counsel for the petitioner submits that, to the earlier similar notices, reply statements were sent by his client; the joint survey & measurement report supports case of the petitioner to the effect that the land does not belong to the government or the Forest Department; that being the position, counsel argues, the authorities are not justified in sending notice after notice that ultimately resulted into the impugned communication.

(2.) Learned AGA on request appearing for the respondents, opposes the petition contending that the subject notices were sent inasmuch as the joint measurement report is not the gospel truth although it is a piece of evidence that enters the fray of consideration in deciding whether the land belongs to the government/Forest Department; to facilitate a fair proceeding, such notices were sent to the petitioner; that being the position, a Writ Court cannot be called upon to adjudge the validity of communication of the kind; so contending, he seeks dismissal of the Writ Petition.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this court is inclined to grant reprieve in the sense that whatever reply the petitioner has sent to the subject notices, need to be examined by the competent authority after taking evidence, if necessary and thereafter, effective order can be made in terms of Sec. 64 of the Karnataka Forest Act, 1963. There is force in the submission of learned counsel for the petitioner that multiple notices to the citizen should be avoided since they would disturb his sleep; effective proceedings as permissible under law may be taken, of course, with the participation of petitioner who may choose to lead evidence supportive of his stand.