2012 (3) AIR Kar R 456 ::AIR 2013 (NOC) (SUPP) 1046 (KAR.) ::(2013) 2 Kant LJ 612

Karnataka High Court

Hon'ble Judge(s): Vikramjit Sen, A. S. Bopanna , JJ

(A) Karnataka (Religious and Charitable) Inams Abolition Act (18 of 1955) S. 2 — Mysore Forest Regulations (1900), Regn 35(iii) — Inam forest land — Notification issued under Regn 35(iii) declaring said land to be reserved forest-- — Validity — Lands placed at disposal of Govt under special protection — Intention of handing over possession to forest department was to protect same as forest — Notification not contrary to Regulations or without competence — Merely because certain parties have acted contrary to the same — Would not take away its validity (Para 16,27)

(B) Karnataka (Religious and Charitable) Inams Abolition Act (18 of 1955) S. 2 , 3(1)(g), Proviso — Mysore Forest Regulations (1900), Regn 35(iii) — Inam forest land — Notification issued under Regn 35(iii) declaring said land to be reserved forest — Grants under Karnataka Land Grants Rules or such other grants under Karnataka Land Revenue Act — Without jurisdiction, moreso particularly after coming into force of Forest (Conservation) Act — Persons claiming to be tenants of such land — Government was entitled to take possession of land in terms of S 3(g) — Proviso to S 3(g) would not provide protection as prima facie such person would not be entitled to be registered as occupant or be continued as tenant of forest land Order of single Judge, Reversed Forest (Conservation) Act (69 of 1980), S 2, Proviso 9 Karnataka Land Revenue Act (12 of 1964), S 197 Karnataka Land Grant Rules (1969), R 2 Karnataka Forest Act (5 of 1964), S 106 {" Where a notification was issued under Regn. 35(iii) regarding inam forest lands which was claimed to be belonging to temple declaring such lands as reserved forest, and on coming into force of the Act 1963 it was to be considered as Reserved Forest, the Revenue Authorities had no jurisdiction to make any grants under the Karnataka Land Grants Rules or such other grants under the Karnataka Land Revenue Act, more particularly after the Forest (Conservation) Act, 1980 had come ....