R. ANANDA GOWDA Vs. THE SECRETARY

JUDGEMENT

(1.) PETITIONERS are the appellants in R.A. Nos. 44 -47/2012 on the file of the Senior Civil Judge & JMFC, Devanahalli, being aggrieved by the order dated 14 -12 -2012, filed these writ petitions.

(2.) IN the writ petitions, the petitioners have contended that they were in unauthorized occupation of various extent of lands in Sy. No. 36 of Bommavara village, Devanahalli Taluk over last 15 years. They are the agriculturists cultivating the said lands. They had raised Eucalyptus trees in the said land. In view of insertion of Section 94A of the Karnataka Land Revenue Act, 1964 which provides for regularization of unauthorized occupation, they had filed applications in Form No. 63 for regularization of the unauthorized occupation. However the said application was not disposed of by the Competent Authority. The Record of Rights from the year 1993 -94 to 2001 -02 stands in the name of the petitioners. However, the respondent tried to dispossess the petitioners by cutting and removing Eucalyptus trees standing on the said lands. In view of that the petitioners filed O.S. No. 433 -436/2005 on the file of the Additional Civil Judge (Jr.Dn.) and JMFC, Devanahalli seeking for permanent injunction restraining the defendant from interfering with their peaceful possession and enjoyment of the suit schedule property. Further, they also filed I.A. No. I under Order 39 Rules 1 and 2 of CPC seeking for temporary injunction restraining the defendant from interfering with the peaceful possession and enjoyment of the suit schedule property. The Trial Court, by its order dated 23rd September 2006 granted an interim order directing both the parties to maintain status quo for a period of six months and further directed both the parties not to cut and remove the standing eucalyptus trees without permission of the Court. The defendant filed written statement denying the entire averments in the suit and contended that land bearing Sy. No. 36 of Bommavara village, in all measuring 87.14 acres is a Gomal land, out of which, 9 acres of land was granted to 4 persons, 50 acres of land was classified as forest and the Forest Department has grown Eucalyptus trees and remaining 28.14 acres of land belongs to the defendant -Grama Panchayat. The suit schedule property is situated within the city limits and the said land cannot be regularized under the Land Revenue Act and sought for dismissal of the suit.

(3.) SRI . H.N. Basavaraj, learned counsel appearing for the petitioners contended that the order passed by the Trial Court adjourning the matter beyond winter vacation without considering the prayer of the petitioners though the apprehension expressed by the petitioners that the respondent is likely to cut and remove the Eucalyptus trees is contrary to law. The Lower Appellate Court has failed to exercise its jurisdiction vested in it. If the respondent removes the Eucalyptus trees, the petitioners would be put to irreparable loss of injury and sought for allowing the writ petitions setting aside the order passed by the Lower Appellate Court.