- 1 - NC: 2025:KHC:1621 WP NO.802 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.802 OF 2025 (GM-FOR) BETWEEN: 1. VENKATESHA REDDY. A. V. S/O VENKATASHAMA REDDY AGED ABOUT 56 YEARS. 2. SRI. JAYAPRAKASH V. S/O VENKATESHA REDDY A.V. AGED ABOUT 33 YEARS. 3. PRASHANTH V. S/O VENKATESHA REDDY A.V. AGED ABOUT 31 YEARS. 4. CHANDAN V. S/O VENKATESHA REDDY A.V. AGED ABOUT 28 YEARS. ALL ARE RESIDING AT: ALAVATTA VILLAGE, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 101. …PETITIONERS (BY SRI. KESHAVA BHAT A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FOREST, VIDHANA SOUDHA, BENGALURU - 560 001. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1621 WP NO.802 OF 2025 2. THE ASSISTANT FOREST CONSERVATIVE OFFICER CHINTAMANI SUB-DIVISION, CHINTAMANI TALUK, *CHIKKABALLAPURA DISTRICT – 562 101. 3. RANGE FOREST OFFICER CHINTAMANI SUB-DIVISION CHINTAMANI TALUK, *CHIKKABALLAPURA DISTRICT - 562 101. 4. THE SECRETARY REVENUE DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001. 5. THE ASSISTANT COMMISSIONER SUB-DIVISION CHIKKABALLAPURA, CHIKKABALLAPURA - 562 101. 6. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 562 101. 7. THE TAHASILDAR CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 562 101. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-ASIDE THE IMPUGNED ORDER OF THE RESPONDENT NO.2 DATED 18.12.2024 VIDE ANNEXURE - A. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. DEVDAS *Corrected vide Court Order dated 05.03.2025 - 3 - NC: 2025:KHC:1621 WP NO.802 OF 2025 ORAL ORDER Learned Additional Government Advocate takes notice for respondents. 2. Learned counsel for petitioners submits that this is a case which is similar to many other cases that have come before this Court and this Court found that these are the cases where the lands were granted by the competent authority under the Karnataka Land Grant Rules and the RTCs are standing in the name of the petitioners even till date. However, the Officers of the Forest Department proceed to issue notice to the petitioners despite the fact that the land has been granted by the revenue authorities. Such orders are passed directing the petitioners to hand over possession to officials of the Forest Department. 3. Learned counsel for petitioners points out to one such case in Writ Petition No.203376-377/2014 disposed of on 05th June, 2020 at Kalaburagi Bench and submits that this Court under similar circumstances party allowed the writ petition and quashed the impugned notices and - 4 - NC: 2025:KHC:1621 WP NO.802 OF 2025 thereafter, directed the officials of the Forest Department to issue show cause notice to the petitioners calling upon them to explain as to why they should not be evicted from the lands in question and petitioners therein were permitted to give a reply producing relevant documents to show that the lands have been granted by the Revenue Authorities in their favour and then, the Forest Authorities will have to secure information from the revenue authorities and thereafter, proceed in accordance with law. 4. The petitioners are entitled for similar relief. 5. Accordingly, the present Writ Petition is partly allowed. The impugned order/notice dated 18.12.2024 (Annexure-A) is hereby quashed and set aside. However, the second respondent or any other authority who is empowered, may issue a show cause notice to the petitioners calling upon them to explain as to why they should not be evicted from the lands in question. If a reply is given by the petitioner producing the relevant documents to show that the lands have been granted by - 5 - NC: 2025:KHC:1621 WP NO.802 OF 2025 the revenue authorities in their favour, then the forest authorities will have to secure information from the revenue authorities and thereafter proceed in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE ARK List No.: 1 Sl No.: 12