- 1 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 45451 OF 2013 (GM-FOR) C/W WRIT PETITION NO. 2475 OF 2024 (GM-FOR) IN WP No. 45451/2013 BETWEEN: M.LOKESHAPPA S/O LATE NAGAPPA @ MASIYAPPA SINCE DEAD BY LR’s 1. PADMA @ NAGAMMA W/O LATE LOKESHAPPA AGED ABOUT 45 YEARS 2. YASHASHWINI D/O LATE LOKESHAPPA AGED ABOUT 25 YEARS 3. TEJASHWINI M.L. D/O LATE LOKESHAPPA AGED ABOUT 22 YEARS ALL ARE RESIDENTS OF INDIRA COLONY, SAVLANGA, NYAMTHI TALUK, DAVANAGERE DISTRICT. …PETITIONERS (BY SRI. S V PRAKASH.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPT BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 M S BUILDING BANGALORE-01 2. CHIEF CONSERVATOR OF FOREST & APPELLATE AUTHORITY SHIMOGA DIVISION SHIMOGA CITY-577201 3. THE DIVISIONAL MANAGER KARNATAKA FOREST DEVELOPMENT CORPORATION LTD SHIMOGA DIVISION NEAR RTO OFFICE SHIMOGA CITY-577201 4. THE DEPUTY CONSERVATOR OF FOREST SHIMOGA DIVISION SHIMOGA-577201 5. THE ENQUIRY OFFICER & ASSISTANT CONSERVATOR OF FORESTS AYANUR SUB DIVISION SHIMOGA-577201 6. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT SHIMOGA-577201 7. THE ASSISTANT COMMISSIONER SHIMOGA SUB-DIVISION SHIMOGA-577201 8. THE TAHASILDHAR SHIMOGA SUB-DIVISION SHIMOGA-577201 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1, R2, R4 TO R8; SRI. MURUGESH V. CHARATI., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DT.19.7.2013 PASSED BY THE R-2 IN APPEAL NO.7/2012-13 VIDE ANNX-BC TO - 3 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 THE W.P. AND THE ORDER DT.15.9.2012 PASSED BY THE R-5 VIDE ANNX-BA TO THE W.P AND ETC. IN WP NO. 2475/2024 BETWEEN: M.LOKESHAPPA S/O LATE NAGAPPA @ MASIYAPPA SINCE DEAD BY LR’s 1. PADMA @ NAGAMMA W/O LATE LOKESHAPPA AGED ABOUT 45 YEARS 2. YASHASHWINI D/O LATE LOKESHAPPA AGED ABOUT 25 YEARS 3. TEJASHWINI M.L. D/O LATE LOKESHAPPA AGED ABOUT 22 YEARS ALL ARE RESIDENTS OF INDIRA COLONY, SAVLANGA, NYAMTHI TALUK, DAVANAGERE DISTRICT. ...PETITIONERS (BY SRI. S V PRAKASH.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING DR B R AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT LEVEL FOREST RIGHTS COMMITTEE SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201 - 4 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 3. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION SHIVAMOGGA - 577 201 4. THE DEPUTY CONSERVATOR OF FOREST SHIVAMOGGA DIVISION SHIVAMOGGA - 577 201 5. THE DEPUTY CONSERVATOR OF FOREST SAGARA DIVISION SAGARA - 577 401 SHIVAMOGGA DISTRICT 6. THE DEPUTY CONSERVATOR OF FOREST BHADRAVATHI DIVISION BHADRAVATHI - 577 301 SHIVAMOGGA DISTRICT 7. THE WELFARE OFFICER OF DISTRICT SCHEDULED CASTE AND MEMBER SECRETARY MEMBER SECRETARY DISTRICT LEVEL FOREST RIGHTS COMMITTEE SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201 8. ASSISTANT COMMISSIONER SAGARA SUB DIVISION SAGARA - 577 401 SHIVAMOGGA DISTRICT ...RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT OR ORDER OR DIRECTION TO QUASH THE ORDER DTD 04.01.2023 PASSED BY THE DIST LEVEL FOREST RIGHTS COMMITTEE SHIVAMOGGA ANNX-W TO THE WRIT PETITION AND ETC. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 5 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 ORAL ORDER 1. The petitioner one Sri.M.Lokeshappa had filed W.P.No.45451/2013 seeking for the following reliefs: i. To issue a writ in the nature of Certiorari and quash the order dated 19.7.2013 passed by the 2nd respondent in Appeal No. 7/2012-13 produced as Annexure-BC to the Writ Petition and the order dated 15.9.2012 passed by the 5th Respondent in case No. FOC 09/2010-11 produced as Annexure- BA to the Writ Petition. ii. Issue any other appropriate writ or order or direction as this Hon’ble Court deems it appropriate in the admitted facts and circumstances of the case in the ends of justice. iii. Awards the costs of this proceedings. 2. During the pendency of the above he has expired, and his legal heirs had been brought on record. The legal heirs have separately filed W.P.No.2475/2024 seeking for the following reliefs: i. Issue an appropriate writ or order or direction to quash the order dated 04.01.2023 passed by the District Level Forest Rights Committee, Shivamogga case No. PVKESHEE/Aranya Haaku/Malemanave/CR-10/2021-22 produced as per Annexure-W to the Writ Petition. ii. Issue an appropriate writ or order or direction, directing the District Level Forest Rights Recognition Committee, Shivamogga District to consider the recommendations made by the village level forest rights committee, Grama-sabha and - 6 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 sub-divisional forest rights recognition committee to recognize the forest rights of the husband of the first petitioner and father of the petitioners 2 and 3 by name M.Lokeshappa son of Nagappa @ Mashiyappa in respect of 9 acres 12 guntas of land comprised in Sy.No.29 of Suttukote village, Haranahalli Hobli, Shivamogga Taluk and District vide Annexure-M2, R & T dated 11.11.2021, 19.03.2012, 8.12.2022 respectively as expeditiously as possible; iii. Issue any other appropriate writ or order or direction as this Hon’ble court deems it appropriate in the admitted facts and circumstances of the case to secure the ends of justice. iv. Award the cost of this proceedings. 3. The facts in WP No.45451 of 2013: 3.1. The short facts in the above matter are that the petitioner M.Lokeshappa had claimed that his father Nagappa alias Masiyappa belonging to the Scheduled Tribe Community was in occupation and cultivation of 9 acres 12 guntas of land in Sy.No.29 of Suttukote Village, Harnalli Hobli, Shimoga Taluk and District. Subsequent to his expiry, the petitioner M.Lokeshappa has continued cultivation of the said property. - 7 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 3.2. Initially, an application in Form No.53 in terms of Section 94B of the Karnataka Land Revenue Act, 1964 had been filed for regularization of the unauthorized occupation. 3.3. Subsequently, on 12.03.2010 Form A and B for grant of the land had been made under The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights in August 2008). (hereinafter referred to as the Forest Dwellers Act) 3.4. During the pendency of the application unde the Forrest Dwellers Act, considering that the petitioner is in unauthorized occupation of forest land by exercising powers under Section 64A3 of the Karnataka Forest Act 1963, the respondent No.5 in FOC No.09 of 2010-11 directed the eviction of the petitioner. The same came to be challenged by the said M.Lokeshappa in Appeal No.7 of 2012-13 which came to be dismissed vide impugned order - 8 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 dated 19.07.2013 passed by respondent No.2. It is in that background that the said M.Lokeshappa had filed WP No.45451/2013 seeking for the aforesaid reliefs. 4. During the pendency of the said writ petition the application which has been filed under the Forest Dwellers Act came to be considered by the Grama Sabha in its meeting dated 30.08.2010 by way of resolution recommended to the Sub-Division Committee the grant of the land insofar as M.Lokeshappa was concerned as per Section 12B of the Forest Dwellers Act. 5. The sub-committee taking note of the fact that FOC No.9 of 2010-11 had been disposed of on 31.05.2011, called upon the Assistant Conservator of the Forest to be present before the said Committee. Thereafter, the Sub-Division Committee recommended the application of the of said M.Lokeshappa to the District Level Forest Rights - 9 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 Committee on 11.11.2011. However, there was a dissent note put up by the Chairman on account of the said FOC No.9 of 2010-11 being ordered against the said M.Lokeshappa. 6. The matter having been taken up by the District Level Forest Rights Committee, the said committee vide its order dated 9.03.2012 remitted the matter to the Grama Sabha for fresh consideration to ascertain if the applicants had been in possession and cultivation of the lands for three generations. The Grama Sabha once again considered the matter and in its meeting dated 7.03.2012 passed an unanimous resolution recommending the grant of the land in question to the said M.Lokeshappa. 7. In the meanwhile, the appeal filed by the said M.Lokeshappa as regards the order passed under Section 64 having been dismissed WP No.45451/2013 came to be filed by him before this Court. - 10 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 8. The representation of the said M.Lokeshappa was considered in the meeting dated 08.12.2022 and the impugned order passed on 04.01.2023 passed. However, in the meanwhile, M.Lokeshappa had expired on 01.08.2019. It is in that background that the writ petition in WP No.2475 of 2024 had been filed. 9. The submission of Sri.S.V.Prakash in both the above matters is that; 9.1. Firstly, the order in FOC No.9 of 2010-11 dated 15.09.2012 could not have been passed by Respondent No.5 when the application of the petitioner under the Rules of 2008 filed on 12.03.2010 was still pending. The said application not having been considered the said M.Lokeshappa could not have been considered to be in unauthorised occupation and to be an encroacher on the forest land. This aspect has also not been considered by Respondent No.2 - 11 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 in Appeal No.7 of 2012-13 while dismissing the said appeal on 19.07.2013. 9.2. Insofar as the rejection of the application filed under the Rules of 2008, he submits that in terms of Sub-Rule (2) of Rule 15 of Rules of 2008, the District Level Committee was to fix the date for the hearing and intimate the petitioner and the concerned Sub-Divisional Level Committee in writing as regards the date of the hearing 15 days prior to the said date of hearing. 9.3. The said M.Lokeshappa having expired in the year 2019, the consideration of the petition of the petitioner on 08.12.2022 and dismissal thereof on 04.01.2023 is contrary to Sub-Rule (2) of Rule 15. 9.4. He therefore submits, that until the disposal of the application in a proper manner by the District Level Committee, the question of enforcing the order passed in FOC No.9 of - 12 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 2010-11 and the Appeal No.7 of 2012-13 would not arise. 10. Learned counsel for Respondent No.3 supports the order passed by the District Level Committee on the ground that the petitioner was not a member belonging to the Scheduled Tribe Community. He was a practicing advocate, a member of the Bar Council, and as such, could not claim to be a forest dweller and not dependent on the forest property for his livelihood. 11. Learned AGA seeks to support the order passed by the District Level Committee. 12. Having heard all the counsels, it is clear that there is a violation of Sub-rule (2) of Rule 15 inasmuch as no notice has been issued to the legal representatives of M.Lokeshappa. Since, M.Lokeshappa had expired in the year 2019 and the proceedings were taken up only in the year 2022. In that view of the matter, pending the consideration of an application under the - 13 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 Rules of 2008, the petitioner could also not be held to be an encroacher of the forest land. 13. As such, I pass the following; ORDER i. The writ petition in WP No.45451 of 2023 is partly allowed. ii. A certiorari is issued, the order dated 15.09.2012 passed by the respondent No.1 in Appeal No.9 of 2011-12 at Annexure-BA stands suspended until the District Level Forest Rights Committee were to pass fresh orders. iii. Consequently, the order dated 19.07.2013 passed by respondent No.2 in Appeal No.7 of 2012-13 at Annexure-BC stands suspended until the District Level Forest Rights Committee were to pass fresh orders. iv. Writ petition in WP No.2475 of 2024 is partly allowed. - 14 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 v. The order dated 04.01.2023 passed by District Level Forest Rights Committee, Shivamogga at Annexure-W is quashed. vi. The matter is remitted to the District Level Forest Rights Committee, Shivamogga for fresh consideration. vii. Since the order is passed in the presence of both the counsels, the petitioner shall appear before the District Level Forest Rights Committee, Shivamogga on 26.03.2025 at 3.00 PM with such documents in support of the petitioner as is available with the petitioner. viii. The District Level Forest Rights Committee is directed to consider the said documents produced by the petitioners and pass necessary orders in relation thereto. ix. In the event of the petitioners being successful for the grant of land in terms of the Forest Dwellers Act, no action under Section 64 could be taken against the petitioner. - 15 - NC: 2025:KHC:10114 WP No. 45451 of 2013 C/W WP No. 2475 of 2024 x. In the event of the petitioners failing in their application under the Forest Dwellers Act, the order dated 15.09.2012 in FOC No.9 of 2010- 11 and the order dated 19.07.2013 in Appeal No.7 of 2012-13 will stand automatically revived. xi. It is made clear that this Court has not expressed any opinion on the eligibility of the said M.Lokeshappa for such grant the same would have to be independently decided by the District Level Forest Rights Committee on merits. All contentions are left open SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 4