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2025 DAILYLAW 16124 (KAR)

SRI R KRISHNAPPA v. THE STATE OF KARNATAKA

WP/3364/2025 · 2025-02-06

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:5475 WP No. 3364 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. 3364 OF 2025 (GM-FOR) BETWEEN: 1. SRI. R. KRISHNAPPA, S/O LATE RAMANNA, AGED ABOUT 72 YEARS 2. SRI. NARAYANAPPA S/O LATE RAMANNA AGED ABOUT 73 YEARS 3. SRI. DODDANNA S/O LATE RAMANNA AGED ABOUT 58 YEARS 4. SMT. LAKSHMAMMA W/O. MUDDANNA, AGED ABOUT 46 YEARS 5. SRI. NARAYANASWAMY S/O. BALAPPA, AGED ABOUT 46 YEARS ALL ARE RESIDING AT MADERAHALLI, VOKKALERI HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 101. …PETITIONERS (BY SRI. L. VENKATA RAMA REDDY, ADVOCATE) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5475 WP No. 3364 of 2025 AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE OF KARNATAKA FOREST DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 3. DEPUTY CONSERVATOR OF FORESTS KOLAR DIVISION, KOLAR KOLAR DISTRICT - 563 101. 4. THE RANGE FOREST OFFICER KOLAR RANGE, KOLAR TALUK KOLAR DISTRICT - 563 101. 5. THE DEPUTY COMMISSIONER KOLAR, KOLAR DISTRICT - 563 101. 6. THE TAHSILDHAR KOLAR, KOLAR TALUK KOLAR DISTRICT - 563 101. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTICE DATED 21.01.2025 VIDE NO. VA AA AA/ KO/C R 574/2024-25 AS PER ANNEX-C ISSUED BY R-4 AND ETC., - 3 - NC: 2025:KHC:5475 WP No. 3364 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 Additional Government Advocate takes notice for all the respondents. 2. Learned counsel appearing for the petitioners 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 petitioners even till date. However, the officers of the Forest Department proceeded to pass the impugned orders despite the fact that the lands have been granted by the Revenue Authorities. Such orders are passed directing the petitioners to hand over possession to officials of the Forest Department. - 4 - NC: 2025:KHC:5475 WP No. 3364 of 2025 3. Learned counsel for petitioners 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 petitioners are entitled for similar relief. 5. Accordingly, the present writ petition is partly allowed. The impugned order dated 21.01.2025 at Annexure ‘C’ and the order dated 21.01.2025 at Annexure - 5 - NC: 2025:KHC:5475 WP No. 3364 of 2025 ‘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 petitioners 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 petitioners 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.: 6 CT: BHK