<p>The High Court has set aside the order of the assistant conservator of forests (ACF), Hosanagara sub-division in Shivamogga district, declaring 60 acres of land as reserved forest.</p>.<p>The Ramachandrapura Mutt had challenged the order of the ACF, contending that the land is gomala land.</p>.<p>The petitioner Mutt, through a trust by name Dharma Chakra Trust, had made a representation for grant of 25 acres of gomala land in survey number 7 in Hosanagara taluk.</p>.<p>The Mutt wanted the land to run several goshalas. Pursuant to this representation, a complaint was registered by the Forest department and the ACF passed an order under Section 64 A (1) of the Karnataka Forest Act, 1963 on July 25, 2015. Section 64A provides for eviction of an unauthorized occupant from forest land.</p>.<p>The petitioner challenged the order claiming that the government all along had accepted subject land as a gomala land.</p>.<p>A proclamation order and subsequent gazette notification, issued on March 28, 2005, declared 160 acres of land as reserved forest, which excluded 60 acres of gomala land.</p>.<p>The counsel for the Mutt contended that the proclamation order and the notification were not challenged and hence, attained<br />finality.</p>.<p>Justice Krishna S Dixit said the deputy commissioner of Shivamogga district had written a letter to the state government on November 21, 2012, subsequent to the Mutt’s representation, stating that the land was a gomala land.</p>.<p>“The subject land shall be retained as gomala land for the benefit of the cattle of the petitioner - Mutt and other agriculturists/farmers; if entries in the revenue records are changed pursuant to impugned order, the same shall be restored as they were before, within an outer limit of two months from the date a copy of this judgment is handed over to the jurisdictional tahsildar,” the court said.</p>.<p>It directed the respondents to consider the representation for the allotment in accordance with law and inform the result of such consideration within six<br />months.</p>
<p>The High Court has set aside the order of the assistant conservator of forests (ACF), Hosanagara sub-division in Shivamogga district, declaring 60 acres of land as reserved forest.</p>.<p>The Ramachandrapura Mutt had challenged the order of the ACF, contending that the land is gomala land.</p>.<p>The petitioner Mutt, through a trust by name Dharma Chakra Trust, had made a representation for grant of 25 acres of gomala land in survey number 7 in Hosanagara taluk.</p>.<p>The Mutt wanted the land to run several goshalas. Pursuant to this representation, a complaint was registered by the Forest department and the ACF passed an order under Section 64 A (1) of the Karnataka Forest Act, 1963 on July 25, 2015. Section 64A provides for eviction of an unauthorized occupant from forest land.</p>.<p>The petitioner challenged the order claiming that the government all along had accepted subject land as a gomala land.</p>.<p>A proclamation order and subsequent gazette notification, issued on March 28, 2005, declared 160 acres of land as reserved forest, which excluded 60 acres of gomala land.</p>.<p>The counsel for the Mutt contended that the proclamation order and the notification were not challenged and hence, attained<br />finality.</p>.<p>Justice Krishna S Dixit said the deputy commissioner of Shivamogga district had written a letter to the state government on November 21, 2012, subsequent to the Mutt’s representation, stating that the land was a gomala land.</p>.<p>“The subject land shall be retained as gomala land for the benefit of the cattle of the petitioner - Mutt and other agriculturists/farmers; if entries in the revenue records are changed pursuant to impugned order, the same shall be restored as they were before, within an outer limit of two months from the date a copy of this judgment is handed over to the jurisdictional tahsildar,” the court said.</p>.<p>It directed the respondents to consider the representation for the allotment in accordance with law and inform the result of such consideration within six<br />months.</p>