- 1 - NC: 2025:KHC:6416-DB WP No. 29296 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I. ARUN WRIT PETITION NO. 29296 OF 2023 (GM-RES-PIL) BETWEEN: 1. CHANDHRASHEKAR S/O VENKATESHAIAH OCCUPATION: FARMER ALAGERI VILLAGE DOORVASPURA POST THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT - 577 432. …PETITIONER (BY SMT. M.V. AMRUTHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTRED BY ITS SECRETARY FOREST DEPARTMENT BENGALURU - 560 001. 2. TAHASILDAR THIRTHHALLI TALUK SHIVAMOGGA DIST - 577 432. 3. THE FOREST CONSERVATIVE OFFICER AGUMBE ZONE MEGARVALLI Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:6416-DB WP No. 29296 of 2023 4. SENIOR GEOLOGICAL SCIENTIST MINES AND GEOLOGICAL SCIENCES DEPARTMENT SHIVAMOGGA DISTRICT 5. MR. UMAPATHI S/O SHESHADRAIAH OCCUPATION: FARMER ALAGERI VILLAGE DOORAVASAPURA POST THIRTHAHALLI TALUK SHIVAMOGGA - 577 432 (IMPLEADED VIDE ORDER DATED 28.05.2024) ...RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-4; SRI ANSHUMAN A, ADVOCATE FOR IMPLEADING APPLICANT IN I.A.No.1/2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING THE RESPONDENTS TO TAKE STERN ACTION AGAINST THE ENCROACHER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:6416-DB WP No. 29296 of 2023 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) By filing this petition in the nature of public interest litigation, the petitioner has prayed to direct the respondent- authorities to take action to remove the encroachment. 2. The case pleaded was inter alia that the land bearing Sy.No.16 of about 150 Acres of Minor Forest and Soppinabetta of 65 Acres and 23 Guntas situated in Alagere Village, Shivamogga District, was a government land which was encroached upon to the extent of 10 Guntas by one Umapathy son of Sheshadraiah who had occupied 10 Guntas of land in Sy.No.20 and that he made Ibex fencing and pillars. It was alleged that valuable and medicinal trees were also cut. He had also proceeded to cultivate the land, it was alleged. 3. The petitioner, who happens to be a farmer, further stated that he gave complaint to the respondents who issued - 4 - NC: 2025:KHC:6416-DB WP No. 29296 of 2023 notice, but the encroachment was not removed. In view of the said encroachment and inaction on part of the authorities, the present petition came to be filed. 4. In response to the notice, statement of objections has been filed on behalf of the respondents, wherein it was inter alia pointed out that there existed a dispute amongst the family members of the said Umapathy. It was stated that, in this regard, information was received by the Forest Range Officer on 16.02.2021, wherein it was conveyed that Umapathy had encroached upon the land to the extent of 10 Guntas which was a restricted forest land. It was the further information available with the Forest Range Officer, as stated, that the trees were illegally cut and the wood was stored for firewood purposes. It was next stated that the Deputy Range Forest Officer was asked to inspect and submit a report. FIR was filed and a forest case was also registered under Sections 33(2)(v) and 33(3) of the Karnataka Forest Act, 1969. A copy of the FIR is also produced. - 5 - NC: 2025:KHC:6416-DB WP No. 29296 of 2023 4.1 The statement of objections was inter alia as under, "...Since the said 10 guntas in Sy.No.16 was part of the District Forest, a joint responsibility lay with the Revenue and Forest Departments to remove any encroachment. However, to clear doubt as to whether the land comes within the jurisdiction of notified forest or not; the Range Forest Officer conducted an inspect on 28.06.2022 and found that the said extent of 10 guntas in Sy. No.16 did not fall under any notified forest land extent, but was a part of the district forest." 4.2 About the inquiry conducted and the statement of Umapathy, the following averments were made in paragraph 6, "...an enquiry was conducted and the statement of Umapathy was recorded; wherein, he accepted his mistake of encroaching upon 10 guntas of District forest, which he said, he had committed unknowingly. Considering that he had unknowingly grown ginger in the 10 guntas of land, he volunteered to clear the encroachment. He informed that Tahsildar that an application in Form No.57 in the name of his sister Nagarathna had been filed on 06.12.2018 under Rule 108 CCC 1 and 2 of the Karnataka Land Revenue Rules seeking for regularization of her unauthorized occupation..." 4.3 It was further stated that since the said Umapathy accepted the commission of offence and pleaded guilty, - 6 - NC: 2025:KHC:6416-DB WP No. 29296 of 2023 penalty amount was to be recovered under Section 33(3) of the Karnataka Forest Act read with the relevant Rules. It was also stated that the Range Forest officer and the revenue officials initiated eviction proceedings and recovered the land to the extent of 10 Guntas which was encroached upon. 4.4 It was pointed out that mahazar was also conducted on 16.07.2024 in presence of the President of the Gram Panchayat, the Revenue Inspector, Beat Forester, Deputy Range Forest Officer, the Village Administrative Officer and possession of said 10 guntas has been taken. 4.5 Therefore, joint inspection was once again conducted and it was ensured that there was no recurrence of the encroachment of the site, the inspection revealed. It was stated that there was no encroachment and that the barbed fence put up by the said Umapathy was also removed. 5. In view of the above, it could not be disputed by learned advocate Smt. M.V. Amrutha for the petitioner that the encroachment has been removed. The proceedings of public interest petition are required to be closed. - 7 - NC: 2025:KHC:6416-DB WP No. 29296 of 2023 6. However, at this stage, learned advocate for the petitioner requested the Court that since the land was forest land and the trees were cut, the status of forest land shall be maintained and the trees should be grown. 6.1 It is expected that the authorities shall ensure that the encroached area is grown with trees and the forest status is reclaimed of the land. 7. The petition is liable to be disposed of and it is accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE KPS List No.: 1 Sl No.: 82