C B CHANDRASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD Mr. Shankaranaraya for the petitioner and the learned Government Pleader for the respondent.

(2.) THE grievance of the petitioner before this Court is that they have applied for grant of 5 acres of land in Sy. No. 479 and authorities refused to grant the land on the ground that the land has been transferred to the Forest Department under Section 71 of Karnataka Land Revenue Act. They are aggrieved by the transfer refusal to grant land to them. In the statement of objections filed by Government it is reported that the Forest Department approached the Government and wanted the land to be preserved for forest. A spot inspection was made and it was found that there are valuable trees and it was so thick where it is believed 'rishis' were sitting for meditation. There are temples where poojas are carried out. Therefore it was decided to protect the land and transferred to Forest Department by exercising powers under Section 71 of karnataka Land Revenue Act. It is further submitted that Land Grant Rules says till the list of lands is made available and prepared as per Rule 3 and published as per Rule 5, no land can be granted on the application made by parties like petitioners.

(3.) SECTION 71 reads as follows: