- 1 - NC: 2025:KHC:2026 WP No. 880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 880 OF 2025 (GM-FOR) BETWEEN: K. SRINIVASA, S/O LATE R KRISHNAPPA, AGED ABOUT 50 YEARS, RESIDING AT KODIHALLI VILLAGE, LAKKUR HOBLI AND POST, MALUR TALUK AND KOLAR DISTRICT - 563 163. …PETITIONER (BY SMT. NEERAJA KARANTH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE STATE OF KARNATAKA, DEPARTMENT OF FOREST, REPRESENTED BY ITS SECRETARY, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001. 3. ASSISTANT CONSERVATOR OF FORESTS, CHINTAMANI SUB DIVISION, CHINTAMANI, CHIKKABALLAPUR DISTRICT - 562 101. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2026 WP No. 880 of 2025 4. THE RANGE FOREST OFFICER, CHINTAMANI RANGE, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT - 562 101. 5. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT - 562 101. 6. THE TAHSILDAR, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT - 562 101. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING OF THE ORDER DATED 18/12/2024 IN SAASAM/CHIMUVI/OTHUVARI/CR-25/2024-25 PASSED BY THE AUTHORIZED OFFICER AND ASSISTANT CONSERVATOR OF FOREST/RESPONDENT NO. 3 HEREIN, FILED HEREWITH AT ANNEXURE-A AND A WRIT OF MANDAMUS DIRECTING THE STATE/R1 TO WITHDRAW THE GOVERNMENT NOTIFICATION BEARING NO. 12312 FL 33-30-128 DATED 30.06.1931 PRODUCED HEREIN AS ANNEXURE-B AND CONSEQUENTLY DE NOTIFY THE SCHEDULE PROPERTY DESCRIBED IN THIS PETITION AS FOREST LAND AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:2026 WP No. 880 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. Learned counsel for petitioner 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 petitioner even till date. However, the Officers of the Forest Department proceed to issue notice to the petitioner despite the fact that the land has been granted by the revenue authorities. Such orders are passed directing the petitioner to hand over possession to officials of the Forest Department. 3. Learned counsel for petitioner points out to one such case in Writ Petition Nos.203376-377/2014 disposed of on 05th June, 2020 at Kalaburagi Bench and submits - 4 - NC: 2025:KHC:2026 WP No. 880 of 2025 that this Court under similar circumstances partly allowed the writ petition and quashed the impugned notices and thereafter, directed the officials of the Forest Department to issue show cause notice to the petitioner 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 petitioner is 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 petitioner calling upon them to explain as to why they should not be evicted from the lands in question. If a - 5 - NC: 2025:KHC:2026 WP No. 880 of 2025 reply is given by the petitioner producing the relevant documents to show that the lands have been granted by 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 rv List No.: 1 Sl No.: 10 CT: BHK