H.G. RANGANAGOUD MINES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and the learned Addl. SPP for the respondent - State. Perused the records. The fact that emanate from the records are that:

(2.) THE allegations made against the petitioners is that one Sri H.G. Ranganagoud, own a Saw Mill, Iron Ore Mines and has a Mining Licence No. 2148. But, he encroached various other extent totally measuring 20.9 hectares of land and caused loss to an extent of Rs. 28,88,86,483/ -. On the basis of the said allegations, a case has been registered against the petitioners.

(3.) FROM the above said observations and order made by Hon'ble Apex Court, it is crystal clear that all the proceedings pending in any Court with regard to the boundaries of leases involved in the proceedings are stood adjudicated. In the above said decision of the Apex Court, it is also held that no such question with regard to the boundaries would be open for the examination by anybody or any authority. Therefore, it is crystal clear that the Forest authorities cannot deal with this particular matter or in pursuance of the complaint, the police also cannot do anything with reference to the boundaries of the leased properties for mining operations. In view of the adjudication of the question with regard to the boundaries of leases involved, by the Apex Court and also pertaining to the encroachment of forest area by the leaseholders even violation of any lease terms and conditions cannot be a res integra either in a civil case or in a criminal case. Therefore, in view of the above said directions of the Hon'ble Supreme Court, the Magistrate, who registered a case in C.C. No. 44/2010 cannot proceed and adjudicate the matter.