NARAYANA BHAT Vs. ASST. CONSERVATOR OF FOREST

JUDGEMENT

(1.) THE legality and correctness of the order dated 5 -1 -2010 passed by the second respondent in Appeal No. 14/2004 -05 is called in question in this writ petition. Heard the learned counsel for the parties.

(2.) IT is the case of the petitioner that the forest department is contending that the petitioner is in unauthorized cultivation of land measuring 4 acres 50 cents in Sy. No. 130/1 of Jalsur village, Sulya taluk, which is a reserved forest, the authority concerned initiated action for eviction under Section 64(A)(3) of the Karnataka Forest Act, 1963 [for short, the Act]. Aggrieved by the order passed therein, an appeal came to be filed before the appellate authority, which appeal is dismissed by the second respondent in terms of the impugned order. Challenging the same, the present petition is filed.

(3.) ON a perusal of Annexure -E, this court is of the opinion that both grounds urged by the learned counsel for the petitioner hold no water, for the following reasons. Though the notification dated 30 -10 -1985 does not mention the date on which the notification would come into effect, the fact remains that the notification dated 30 -10 -1985 has been published in the official gazette dated 20 -12 -1990. When the government notification dated 30 -10 -1985 has been published in the official gazette dated 20 -12 -1990, it would be inferred as the date for commencement of the notification. Therefore, the first ground urged by the learned counsel for the petitioner fails.