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The Karnataka HC passed a judgment quashing an order of the government which declared land used by Ramachandrapura Math for "goshaala" as reserve forest.

The order of the government which was passed in 2015 was challenged on the grounds that it was being used as gomala lands by it and the villagers since time immemorial.

Gomala lands are government lands reserved for pasture of animals. These are lands on which the people have collective rights.

The government had by an earlier notification accepted that the said lands were gomala lands, however they were classifies as reserve forest in 2015.

The judgment was passed by Justice Krishna Dixit on September 13, 2021. According to the judgment, the government of Karnataka had tried to acquire the land in question under Karnataka Forest Act, 1963, on receiving objections from the Math, the government vide a notification dated 28.03.2005 accepted the land to be gomala land. However in 2015, the Range Forest Officer had complained about “encroachment,” of forest lands, thereby initiating proceedings under Section 64A (1) of Karnataka Forest act to reclaim it.

It further notes that the Taluka Tahsildar had informed the Deputy Commissioned of Shivamoga District vide a letter and a spot inspection report in 2012 that these lands were grazing lands and were not in the occupation of the Forest Department. The Deputy Commissioner had informed the same to the government vide an intimation dated 21.11.2012.

On availability of alternate remedy for the impugned order, the judgment notes that the doctrine of alternate remedy cannot be used as a thumb rule in Certiorari proceedings. It notes that the petitioner has rained jurisdictional issues in terms of section 64A which goes to the root of the matter which involves Constitutional right to property under Article 300A.

The judgment directed the government to modify the records within 2 months, to treat the lands as gomal lands, if it had been modified otherwise. It was further directed consider the application of the math, seeking allotment of a part of its land to its goshala.

Ramachandrapura Math, located at Ramachandrapura village in Shivamoga district established 1300 years ago by Adi Shankara.

Access Copy of Judgment Here