K T GIRIANNA Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) The petitioner has sought for quashing of the proceedings in C.C. No. 2176 of 2007 pending on the file of the Chief Judicial Magistrate, Bangalore Rural District, Bangalore. The Range Forest Officer registered a case in FOC No. 153/06-07, on 26-9-2006 for the offence punishable under Sections 33(2)(iii-a) and 73(d) of the Karnataka Forest Act, 1963 and Rules 25(1), 25(2), 25(3) and 43 of the Karnataka Forest Rules, 1969 and also Section 2 of the Forest (Conservation) Act, 1980.

(2.) The allegation in the complaint is that, the petitioner had encroached an area to the extent of 6 acres 38 guntas in Sy. No. 42 situated at Thurahalli Minor Forest Area which constitute an offence punishable under Section 33(2)(iii-a) of the Karnataka Forest Act and Rule 25 of the Rules made therein.

(3.) The case of the petitioner is that, the erstwhile Maharaja of Mysore, by a Gazette notification dated 21-8-1934 out of 180 acres 27 guntas of land in Sy. No. 42 had notified 159 acres 15 guntas of land as minor forest area and the remaining area remained as gomal land. In the year 1955, the land to the extent of 10 acres was granted to M.R. Narayan Singh, the predecessor in title of the petitioner, from whom this petitioner has purchased the land in the year 1972 under a registered sale deed. Even before the purchase of land, the phodi was made and survey numbers were given as 70 and 71. However, the case of the complainant was that the petitioner has encroached land to the extent of 6 acres 38 guntas out of Sy. No. 42 and initiated proceedings.