- 1 - NC: 2025:KHC:12348 WP No. 22865 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22865 OF 2015 (GM-FOR) BETWEEN: PHILOMENA PERIS, W/O LATE DR.C.P.PERIS, AGED ABOUT 75 YEARS, R/AT NO.68, SPENCER ROAD, BANGALORE - 560 005. …PETITIONER (BY SRI. ARUN GOVINDARAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY DEPARTMENT OF FOREST AND DEPARTMENT OF REVENUE, VIKASA SOUDHA, BANGALORE - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. CHIEF CONSERVATOR OF FOREST, CHIKMAGALUR CIRCLE, CHIKMAGALUR - 577 101. 3. DEPUTY CONSERVATOR OF FOREST, KOPPA DIVISION, KOPPA - 577 126. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12348 WP No. 22865 of 2015 4. DEPUTY COMMISSIONER, CHIKMAGALUR DISTRICT, CHIKMAGALUR - 577 101. 5. TAHASILDAR, HADIVONI VILLAGE, MUDIGERE TALUK, CHIKMAGALUR DISTRICT, CHIKMAGALUR - 577 101. …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, ADDL. GOVERNMENT ADVOCATE FOR R1 TO R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 FROM FORCIBLY EVICTING THE PETITIONER FROM THE SCHEDULE PROPERTY, VIDE ANNEXURE - J, J1 AND J2 REPRESENTATIONS DATED 1.12.2014, 9.1.2015, 20.1.2015 RESPECTIVELY AND ETC., THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a) A writ in the nature of MANDAMUS or any other appropriate writ, direction or order directing the respondent Nos. 1 to 3 from forcibly evicting the petitioner from the schedule property(ANNEXURE-"J, J1 & J2"). Representations dt-1-12-2014, 9-1-2015, 20-1-2015, respectively. - 3 - NC: 2025:KHC:12348 WP No. 22865 of 2015 b) A writ in the nature of MANDAMUS or any other appropriate writ, direction or order directing the 1st respondent to actives the committees constituted by it to direct the committees to engage themselves with the scientific exploration of the petitioner's land as proposed by the Government Order No.FEE 185 FAF 2011, dated 15.05.2014 [ANNEXURE-"F"]. c) Such other writs, directions, orders having regard to facts and circumstance of the case including the award of costs. 2. The claim of the petitioner is that the area which has been declared as deemed forest is part of the property belonging to the petitioner where the coffee plantation along with certain trees have been grown and it is not a forest as such. He submit that the Expert Committee which has been appointed in terms of various orders in W.P.(Civil) No.1164/2023 and the other connected matters could also look into this matter, visit the property of the petitioner to ascertain, whether the subject land is a forest land or not. His submission is that until such determination is made, the petitioner shall not be evicted from the property. - 4 - NC: 2025:KHC:12348 WP No. 22865 of 2015 3. Learned Additional Government Advocate submits that in pursuant to the order of the Hon'ble Apex Court in W.P.(Civil) No.1164/2023, an Expert Committee has indeed been constituted in the State of Karnataka and the said Expert Committee is complying with all the directions issued by the Hon'ble Apex Court and is in the process of discharging its functions in terms of the order dated 12.06.1996 and subsequent orders in W.P.(Civil) No.202/1995 and the other connected matters. If that be so, the contention of the State that the land of the petitioner is a deemed forest, the same would come within the purview of the direction issued by the Hon'ble Apex Court subsequently in W.P.(Civil) No.1164/2023 require a survey and inspection of the property of the petitioner also. Hence I pass the following; ORDER I. Writ petition is allowed. - 5 - NC: 2025:KHC:12348 WP No. 22865 of 2015 II. The Expert Committee constituted in terms of the order dated 12.02.1996 in W.P.(Civil) No.202/1996 by the Hon'ble Apex Court, which Committee continue to function and be monitored in W.P.(Civil) No.1164/2023 by the Hon'ble Apex Court is also directed to visit the property of the petitioner and submit a report in relation thereto as per the direction issued by the Hon'ble Apex Court from time to time. Until then, the respondents, needless to say, would not be entitled to evict the petitioner from the said deemed forest. The eviction or otherwise of the petitioner shall be subject to the result of the S.L.P. SD/- (SURAJ GOVINDARAJ) JUDGE GH List No.: 1 Sl No.: 27