Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3130 WP No. 1771 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1771 OF 2025 (GM-FOR) BETWEEN:
SRI. BABULLA, S/O RAGHU, AGED ABOUT 63 YEARS, OCC: AGRICULTURIST, R/O LAKKINAKOPPA MARATI CAMP, SHIVAMOGGA TALUK AND DISTRICT - 577 201. …PETITIONER (BY SRI. M.G. KANTHARAJAPPA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE RANGE FOREST OFFICER, UMBLEBAILU RANGE, UMBLEBAILU - 577 115. …RESPONDENTS (BY SRI. SESHU V, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING NOTICE ISSUED BY THE 2ND RESPONDENT IN SL.NO.BZ.BHOMI.CR- 813/2024-25 DATED 23/12/2024. PRODUCED AS ANNEXURE-E.
TO THE WRIT PETITION AND ETC.,
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3130 WP No. 1771 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER Learned High Court Government Pleader is directed to take notice for both the respondents. 2. The petitioner has filed this writ petition seeking to quash the impugned notice at Annexure-E dated 23.12.2024. 3. Learned High Court Government Pleader has drawn the attention of this Court to Annexure-A which is an order dated 24.10.2024 passed by the Special Court for Land Grabbing Prohibition in LGC(G) No.1748/2021 and submits that there is a direction issued by the Special Court having regard to the petitioner conceding before the Special Court that he has no objection to hand over possession of 24 guntas of land in Sy.No.22 of Lakkinakoppa Village. Further, there is a direction issued to the Range Forest Officer to ascertain as to whether the petitioner herein is unauthorized occupation of lands in Sy.No. 21 of Lakkinakoppa Village and whether the petitioner has filed any application for regularization before the
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NC: 2025:KHC:3130 WP No. 1771 of 2025
competent authority and if it is found that he is in unauthorized occupation, the Range Forest Officer was permitted to initiate proceeding against the petitioner herein in form No.1 along with relevant records within 60 days from the date of the order.
Learned High Court Government Pleader submits that consequent to such directions issued by the Special Court, the impugned notice has been issued. 4. There is substance in the submission of the learned High Court Government Pleader. If action is taken pursuant to directions issued by the Special Court, this Court cannot preclude the respondent from complying with the directions issued by the Special Court. If at all the petitioner is aggrieved of such an order passed by the Special Court, it is for the petitioner to challenge such an order or direction or file necessary application before the Special Court to redress his grievance. Accordingly, the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE
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