- 1 - NC: 2025:KHC:3547 WP No. 2028 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2028 OF 2025 (GM-FOR) BETWEEN: SRI. SOMASHEKARA C, S/O CHINNASWAMY, AGED ABOUT 36 YEARS, R/AT KORACHARAHATTI, YEMMEDODDI VILLAGE, BISALEHALLI, KADUR TALUK, CHIKKAMAGALURU - 577 548. …PETITIONER (BY SRI. AJAY PRABHU M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, M.S. BUILDING, BANGALORE - 01. 2. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE - 01. 3. THE CHIEF CONSERVATOR OF FORESTS, CHIKKAMAGALURU CIRCLE, CHIKKAMAGALURU - 577 101. 4. THE ASSISTANT CONSERVATOR OF FORESTS AND TECHNICAL ASSISTANT TO DEPUTY Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3547 WP No. 2028 of 2025 CONSERVATOR OF FORESTS, CHIKKAMAGALURU SUB-DIVISION, CHIKKAMAGALURU - 577 101. 5. THE RANGE FOREST OFFICER, KADUR RANGE, KADUR, CHIKKAMAGALURU - 577 548. 6. THE TAHSILDHAR, KADUR TALUK, KADUR CHIKKAMAGALURU - 577 548. 7. THE FOREST SETTLEMENT OFFICER, KADUR, CHIKKAMAGALURU - 577 548. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE IMPUGNED ORDER DATED 05/04/2024 IN APPEAL NO. 02/2020-21 PASSED BY THE R3 AS PER ANNX-A AND ALL FURTHER PROCEEDINGS PURSUANT TO ANNX-A AND ETC., 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 Additional Government Advocate takes notice for all the respondents. - 3 - NC: 2025:KHC:3547 WP No. 2028 of 2025 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 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 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 - 4 - NC: 2025:KHC:3547 WP No. 2028 of 2025 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 05.04.2024 (Annexure-A) is hereby quashed and set aside. However, the third 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 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 - 5 - NC: 2025:KHC:3547 WP No. 2028 of 2025 revenue authorities and thereafter proceed in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 13 CT: BHK