B L DIWAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner above named being aggrieved of the proceedings arising out of CC No. 613 of 1999 and the investigation made by the second respondent including FIR and the charge-sheet filed for the alleged offences under Ss. 24 (g) (h) and 73 (d) of the Karnataka Forest Act, 1963 as amended read with Forest Conservation Act, 1980, (Section 2 r/w 3a) for which the cognizance is taken, has preferred this petition to quash the proceedings and also the petitioner has made alternative prayer to pass any appropriate order as this Hon'ble Court deems fit.

(2.) IT is stated that the land bearing Sy. No. 3 of Kenjigegudda Coffee Estate Village, Sy. No. 177 and 180 of Kundur village formed a part of a Coffee Plantation owned by partnership firm called 'kundur Coffee Plantation'. The petitioner has stated that he is neither a partner nor the owner of the said coffee plantation. It is stated that the certificate issued by the Tahsildar in respect of Sy. No. 3 of Kenjigegudda Coffee Estate, Sy. No. 177 and 180 of Kundur Plantation, belongs to the brother of the petitioner Sri. B. L. Shankar and Sri H. P. Kenchegowda, father-in-law of Sri B. L. Shankar. In the year 1974, a partition took place between the petitioner and his brother Sri B. L. Shankar and others. Since then, the petitioner and his brothers are residing separately. Sy. No. 3 of Kenjigegudda Coffee Estate is not a reserved forest in view of the notification dated 25-4-1936 issued by the Government of His Highness the Maharaja of Mysore. Copy of the said notification is also enclosed herewith. It is further stated that Sri H. P. Kenchegowda, volunteered for an enquiry and the land was got measured by the Range Forest Officer and thereafter the Range Forest Officer submitted a report on 2-3-1989 stating that there was no encroachment at all. It is also submitted that from the year 1988 up to 1997, there was no allegation of encroachment. For the first time, the second respondent filed FIR on 30-11-1997 and that too this FIR came to be filed when the second respondent was transferred. At that time, the petitioner's brother Sri B. L. Shankar was the President of the State Janatha Dal and also Member of the Parliament. After the FIR in FOC 55/97-98 came to be filed, the land was measured by the Assistant Director of Land Records, Chickmagalur Sub-division, Chikmagalur and submitted a report along with the sketch. The partnership firm submitted an application to the Department i. e. to the Asst. Director of Land Records to measure the land and fix the boundaries to ascertain the exact holding of the land and to find out whether there is an excess holding. After due survey and enquiry, a sketch was prepared in respect of Sy. No. 3 of Kenjigegudda Coffee Estate Village, Sy. No. 177 and 180 of Kundur Village. So far as Sy. No. 3 is concerned, there is clear finding that there is no encroachment.

(3.) IN view of the allegations made by the second respondent in the FIR, the matter was transferred to the Jt. Director of Land Records, Mysore to find out the veracity of the claim of the second respondent. The said Jt. Director was of the opinion that it was not possible to come to the conclusion as to whether there was any encroachment by holder of Sy. No. 3 in Sy. No. 4 of Kenjigegudda Coffee Estate Village. In view of these facts, it is stated that the entire proceedings are liable to be quashed as there is no encroachment in Sy. No. 4.