Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18656 WP No. 936 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 936 OF 2015 (KLR-LG)
BETWEEN:
1.
SMT. V.R. VASANTHA, W/O LATE K.THIMMAIAH, AGED ABOUT 48 YEARS,
2.
SRI. K.T. MANJUNATH, S/O LATE K.THIMMAIAH, AGED ABOUT 32 YEARS
3.
SRI. K.T. MANU, S/O LATE K.THIMMAIAH, AGED ABOUT 28 YEARS,
PETITIONERS NO.1 TO 3 ARE RESIDENT OF "KALMANE", ARALIKOPPA VILLAGE, BALEHONNUR HOBLI, NRASHIMARAJAPURA TALUK, CHICKMAGALUR DISTRICT - 577 134. …PETITIONERS (BY SRI. N.B. NIJALINGAPPA, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY,
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:18656 WP No. 936 of 2015
DEPT. OF REVENUE, M.S BUILDINGS, AMBEDKAR VEEDI, BANGALORE - 560 001.
2.
THE DEPUTY COMMISSIONER CHICKMAGALUR DISTRICT, CHICKMAGALUR - 577 134.
3.
THE TAHSILDAR NRASHIMARAJAPURA TALUK, CHICKMAGALUR DISTRICT - 577 134.
4.
THE RANGE FOREST OFFICER CHIKKA AGRAHARA RANGE, NARSHIMHARAJAPURA, CHICKMAGALUR DISTRICT - 577 134. …RESPONDENTS (BY SRI. MANJUNATH.K, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO GRANT 22 ACRES 30 OF LAND IN SY.NO.144 OF ARALIKOPPA VILLAGE, N.R.PURA TALUK, CHIKKAMAGALUR DIST. AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
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HC-KAR NC: 2025:KHC:18656 WP No. 936 of 2015
ORAL ORDER
Heard the learned counsel appearing for the parties.
2. In this writ petition, petitioners have challenged the notice dated 23.12.2014 (Annexure-M) issued by respondent No.4, inter alia sought for direction to respondents to grant 22 acres 30 guntas of land in Sy.No.144 of Aralikoppa Village, N.R.Pura Taluk, Chikamagalur District.
3. Having taken note of the submission made by the learned counsel appearing for the parties, it is forthcoming from the impugned notice that the land bearing Sy.No.144 is a forest land and therefore, notice dated 23.12.2014 (Annexure-M) has been issued to the petitioners to vacate the encroached portion of the said land in question.
4. In that view of the matter, I am of the view that, since notice at Annexure-M is challenged before this
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HC-KAR NC: 2025:KHC:18656 WP No. 936 of 2015
Court and the same cannot be adjudicated under Article 226 of the Constitution of India.
5. It is also made clear that, since the land in question has been considered as a forest land and therefore, I am of the view that, the writ petition cannot be accepted to issue writ of mandamus to grant the land in question in favour of the petitioners.
Accordingly, writ petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
PK List No.: 1 Sl No.: 63 CT: BHK