M MAHADEVA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in W. P. No. 19446/2007 being aggrieved by the order dated 20-8-2008, wherein the learned single Judge of this Court has declined to interfere with the order of the second respondent dated 9-10-2007, rejecting the application of the petitioner-appellant herein for renewal of lease and has dismissed the writ petition.

(2.) THE appellant herein filed W. P. No. 19466/2007 averring that the District Forest officer, South Kanara, by order dated 30-9-1957, leased an area of 5 Acres of land in kidur Reserve Forest of D. K. District in Sullia taluk in favour of the petitioner's father for raising Arecanut plantation and the said lease was for a period of 50 years. Under Clause 27 of the said order, lease was liable to be renewed on application filed within three months before the expiry of the grant. By another order dated 1-5-1965, another area of 05 Acres of Forest land inside Kidur Reserve forest was sanctioned for raising Arecanut plantation on the same terms and conditions and the said lease was for a period of 25 years. The petitioner has raised Arecanut plantation in the aforesaid area in terms of the above said orders granting lease. At the time when the forest land was handed over, it was a dry hilly land and after removing and clearing the entire forest trees, the barren land was handed over to the petitioner. The petitioner has converted the said land as a fully developed arecanut garden with incidental crops like coconut, jack fruit, cocoa etc.

(3.) LEARNED single Judge after hearing the learned counsel appearing for the writ petitioner and the learned Additional Government appearing for respondents 1 to 4, by order dated 20th August 2008, held that; the lease granted in favour of the petitioner in respect of 05 Acres of land in Kidu Reserve Forest for the purpose of Arecanut cultivation expired on 30-9-2007 and the petitioner has encroached about 3. 15 Acres of forest land adjoining the land leased to the petitioner; in view of the judgment of the Apex Court in T. N. Godavarman Thirumulpad v. Union of India, ( (1998) 2 SCC 59) : AIR 1998 SC 769, the second respondent has rightly rejected the application of the petitioner for renewal of lease in respect of the said 05 Acres of land, which is in the forest area and the said order impugned in the writ petition is justified and does not suffer from any error or illegality and no fault could be found with the impugned order. Learned single Judge further held that there was no merit in the writ petition and accordingly, dismissed the writ petition. That being aggrieved by the said order of dismissal of the writ petition, the writ petitioner has preferred this appeal.