A. RADHAKRISHNA BHAT Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner seeks to challenge the records leading to Exts.P3 and P4 and for a declaration that the petitioner and his brothers are entitled to hold the 7 Acres of land inside Muliyar Reserve Forest by renewing the lease deed.

(2.) THE averments in the writ petition show that the petitioner's grandfather namely, late Thottee Mahalinga Bhat obtained 7 Acres of Muliyar Reserved Forest land on a lease agreement dated 26.02.1949 for a period of 50 years with the Divisional Forest Officer, South Kanara, Mangalore. The land was obtained for the specific purpose to raise areca garden, plant coconut and other agriculture products. There was a provision for renewal of lease agreement also. The said Mahalinga Bhat transferred the lease in the name of his son A.Venkatramana Bhat and his brothers namely, Vishnu Bhat, Krishna and Subramanya. Later other three persons relinquished their claim in the lease to Venkatramana Bhat. After his death, the rights of the lease agreement devolved upon his sons namely, the petitioner herein, K.Krishna Bhat and M.Venkatramana Bhat.

(3.) IN the statement filed on behalf of the 3rd respondent, various points have been explained. Mainly it is a case where the renewal sought for by the petitioner has been rejected for various reasons especially in the light of the provisions of the Forest (Conservation) Act. The petitioner has filed a reply affidavit also.