- 1 - NC: 2025:KHC:1563-DB CCC No. 655 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CCC NO. 655 OF 2024 (CIVIL) BETWEEN: 1. SRI C A SUBAIAH AGED ABOUT 69 YEARS S/O LATE ACHAIAH BADAGA BANANGALA VILLAGE MALDARE POST, AMMATHI VIRAJPET TALUK KODAGU DISTRICT 571 253. …COMPLAINANT (BY SRI. RAWLEY MUDDAPPA I.P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA FOREST ECOLOGY AND ENVIRONMENT DEPARTMENT M S BUILDING BENGALURU 560 001. REP. BY ITS SECRETARY. ... PROFORMA RESPONDENT Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1563-DB CCC No. 655 of 2024 2. N H JAGANNATH THE DEPUTY CONSERVATOR OF FOREST VIRAJPET DIVISON, VIRAJPET KODAGU DISTRICT 571 201. 3. VEENA B N ADDITIONAL COMMISSIONER MADIKERI KODAGU DISTRICT 571 201. …ACCUSED (BY SMT. PRAMODHINI KISHAN, AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT,1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF THE AFORESAID ACTS OF CIVIL CONTEMPT COMMITTED BY THE ACCUSED AND INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR COMMITTING DISOBEDIENCE TO THE FINAL ORDER DATED 13.01.2023 PASSED BY THIS HON'BLE COURT IN WP NO.1165/2022. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:1563-DB CCC No. 655 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The petition was filed by the petitioner-complainant seeking to set aside the communication of the Deputy Conservator of Forest, Virajpet Division, Virajpet, Kodagu District, whereby the petitioner was denied the request to fell or uproot certain trees in his coffee plantation. It was the case of the petitioner that the trees were required to be cut and felled to protect the grown up plants and/or to facilitate the growing of the coffee plants. 2. Learned Single Judge, by judgment and order dated 13.01.2023, directed respondent No.2-the Deputy Conservator of Forest to consider the representation of the petitioner in accordance with law. The said direction preceded with the observation that the jurisdictional Tree Officer shall oversee the trees that are being felled or chopped in the land of the petitioner. It was further observed that the petitioner shall also undertake to - 4 - NC: 2025:KHC:1563-DB CCC No. 655 of 2024 plant such number of trees which are uprooted for the protection of his plantation on the borders of the granted land. 3. The grievance in this contempt petition is that while the authorities permitted certain trees to be fell down, cutting of rosewood and other trees standing in Sy.No.2/5 of Badaga Banangala Village, Virajpet Taluk, which is the land in question on which the trees stand, are not permitted. 4. In response to the present contempt petition, an endorsement dated 03.04.2024 is produced on record, in which it is inter alia stated that the cutting of rosewood and other trees on the land in question cannot be permitted inasmuch as the ownership of the land on the trees as per the order of the Deputy Commissioner, war grant land was not redeemed and that the applicant has no right over the trees. With such observations and reasoning, the permission to cut certain trees including rosewood trees has been denied. 5. As the representation of the complainant is considered and the endorsement as above is issued, it would not be possible to - 5 - NC: 2025:KHC:1563-DB CCC No. 655 of 2024 conclude that contempt of the Court is committed, merely because the cutting of trees is denied. 6. The contempt petition will not survive as the endorsement is issued. 7. The contempt petition is accordingly disposed of as not surviving. However, it is observed and clarified that if the complainant has any grievance about the merits of the endorsement/order, it will be permissible for him to institute appropriate independent proceedings to challenge the same, in respect of merits of which, however, this Court does not express any opinion. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 3