- 1 - HC-KAR NC: 2025:KHC:25525 CRL.P No. 5855 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5855 OF 2024 BETWEEN: S. MUNIRAJU, S/O LATE SURAPPA, AGED ABOUT 67 YEARS, RESIDING AT NO.22, MANDIBELE VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK BANGALORE - 562 135. …PETITIONER (BY SRI. VISHNUMURTHY., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ASSISTANT CONSERVATOR OF FOREST, DODDABALLAPURA SUB DIVISION, R/P BY SPP, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. 2. RANGE FOREST OFFICER , DEVANAHALLI RANGE, DEVANAHALLI, BENGALURU RURAL DISTRICT. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25525 CRL.P No. 5855 of 2024 3. ASST.CONSERVATOR OF FOREST (TERRITORIAL), DODDABALLAPURA SUB DIVISION, BANGALORE RURAL - 561 203. RESPONDENT NO.2 AND 3 ARE REP. BY SPP, HIGH COURT, BENGALURU - 01. …RESPONDENTS (BY SRI. B N JAGADEESHA, ADDL. SPP) THIS CRL.P. IS FILED U/S.482 OF CR.PC. PRAYING TO SET ASIDE THE ORDER PASSED BY LEARNED ASSISTANT CONSERVATIVE OFFICER, DODDABALLAPURA SUB DIVISION DODDABALLAPURA IN FOC NO.26/2011-12 THAT THE PETITIONER SHOULD VACATE 3 ACRE AND 39 GUNTAS OF LAND IN SURVEY NO.3 OF MANDIBELE VILLAGE WHICH WAS ENCROACHED BY HIM WITH IN 15 DAYS OTHERWISE AS PER FOREST ACT THE RESPONDENT SHOULD VACATE THE ILLEGAL ENCROACHMENT AND REPORT SHOULD BE GIVEN TO HIGHER OFFICERS VIDE DATED 08.06.2015. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: " Wherefore, the petitioner humbly prays that this Hon'ble Court may be pleased to set aside the order passed by leaned Assistant - 3 - HC-KAR NC: 2025:KHC:25525 CRL.P No. 5855 of 2024 Conservative Officer, Doddaballapura sub- division, Doddaballapura in FOC No.26/2011- 2012 that the petitioner should vacate 3 acre and 39 guntas of land in survey No.3 of Mandibele Village, which was encroached by him within 15 days, otherwise as per Forest Act the respondent should vacate the illegal encroachment and report should be given to higher officers, vide dated 08.06.2015, in the interest of justice." 2. Learned counsel for the petitioner submits that when the present petition was preferred on 28.05.2024, the petitioner had also filed an appeal before the Conservator of Forest challenging the impugned order passed by the Assistant Conservator of Forest and the said appeal was dismissed vide final order dated 28.02.2025 during the pendency of the present petition. It is therefore submitted that the present petition may be disposed of reserving liberty in favour of the petitioner to take recourse to such remedies as available in law including filing a fresh/new writ petition challenging the - 4 - HC-KAR NC: 2025:KHC:25525 CRL.P No. 5855 of 2024 order of the Assistant Conservator of Forest and the order of the Conservator of Forest in accordance with law. 3. Submission is placed on record. 4. Accordingly, the petition is disposed of as withdrawn reserving liberty in favour of the petitioner to challenge the impugned order passed by the Assistant Conservator of Forest and the order passed by the Conservator of Forest in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 11