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2025 DAILYLAW 14573 (KAR)

KRISHNAPPA N K v. THE STATE OF KARNATAKA

WP/2187/2025 · 2025-02-06

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:5480 WP No. 2187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2187 OF 2025 (GM-FOR) BETWEEN: KRISHNAPPA N K SON OF LATE NAGARAJ AGED ABOUT 65 YEARS, OCC AGRICULTURE, R/O RANGENAHALLI VILLAGE, THARIKERE -TALLUK CHIKKAMAGALUR-DISTRICT. …PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF FOREST AND ECOLOGY, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANAGLORE-560 001 2. THE CONSERVATOR OF FOREST, CUM THE APPELLATE AUTHORITY, SHIVAMOGGA CIRCLE, SHIVAMOGGA. 577 204 3. ASSISTANT CONSERVATOR OF FOREST, CUM THE COMPETENT AUTHORITY THARIKERE SUB - DIVISION, THARIKERE CHIKKAMAGALUR DISTRICT 577 228. …RESPONDENTS (BY SRI.SESHU V., HCGP) Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5480 WP No. 2187 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE ORDER DTD. 27.11.2024 PASSED IN APPEAL NO. 06/2024-25 PASSED BY THE R-2 PRODUCED AT ANNX-F CONSEQUENLTY QUASH THE ORDER DTD. 30.07.2024 PASSED IN ENQUIRY NO. SA.A.SAM.LAKKAVALLI 64(A) 448/2024-25 PASSED BY THE R-3 PRODUCED AT ANNX-D AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. Learned Counsel appearing for the 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 proceeded to pass the impugned orders despite the fact that the land has been granted by the Revenue Authorities. Such orders are - 3 - NC: 2025:KHC:5480 WP No. 2187 of 2025 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 that this Court under similar circumstances partly allowed the writ petitions and quashed the impugned notices/ orders 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 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. - 4 - NC: 2025:KHC:5480 WP No. 2187 of 2025 5. Accordingly, the present writ petition is partly allowed. The impugned order dated 27.11.2024 at Annexure ‘F’ and the order dated 30.07.2024 at Annexure ‘D’ are hereby quashed and set aside. However, the respondent-Forest Authorities or any other Authority who is empowered, may issue a Show Cause Notice to the petitioner calling upon him to explain as to why he 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 his 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 JT CT: JL