B.A.JAGADEESH Vs. SAURABH KUMAR

JUDGEMENT

(1.) The petitioner is at the doors of this Court calling in question proceedings in C.C.No.315 of 2024 pending before the II Additional Civil Judge and JMFC, Hassan arising out of complaint filed under Sec. 200 of the Cr.P.C., for offences punishable under Ss. 2 and 3 of the VAN (Sanrakshan Evan Samvardhan) Adhiniyam, 1980 and under Rule 15 of the Van (Sanrakshan Evam Samvardhan) Rules, 2023 (hereinafter referred to as 'the Act' and 'the Rules' for short).

(2.) Facts, in brief, germane are as follows:-

(3.) In the said appeal, it was the case of T.D. Dasegowda that an inadvertent entry of word 'forest' in the record of rights in relation to Sy.No.22 had crept in and sought restoration of the RTC entry as 'Sarkari Gomala'. The said appeal was registered as R.A.No.296 of 2020-21. The petitioner, in the discharge of his duties as Assistant Commissioner, hears of the matter from 23/7/2021 to 17/12/2021, affords opportunity to both the Tahsildar and the applicant and on perusal of relevant documents observed that Forest Department has failed to provide any document demonstrating the classification of the land in question as a forest land, except presenting particular record of rights. On the said examination of documents and consideration of arguments presented, the petitioner passes an order on 5/1/2022 directing restoration of the entry in the record of rights as Sarkari Gomala. The petitioner further observes that it was open to the Forest Department to pursue transfer of title in its name by making appropriate proposal before the Deputy Commissioner as restoration was only as Sarkari Gomala.