- 1 - NC: 2025:KHC:2145 WP No. 33419 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 33419 OF 2024 (GM-FOR) BETWEEN: H. K. MANJUNATHA GOWDA S/O SRI KALASE GOWDA AGED ABOUT 65 YEARS R/AT HONNALI MAGUNDI GRAMA NARASIMHARAJAPURA TALUK CHIKKAMAGALURU DIST-577160. …PETITIONER (BY SRI. D.R.RAVISHANKAR., SR. COUNSEL FOR SRI. RAMU S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA MULTISTORIED BUILDING, DR AMBEDKAR VEEDHI BENGALURU-560001. 2. RANGE FOREST OFFICER BALEHONNUR VILLAGE BALEHONNUR CHIKKAMAGALURU DISTRICT-577112. 3. ASST CONSERVATOR OF FOREST BALEHONNUR RANGE, BALEHONNUR CHIKKAMAGALURU DISTRICT-577112. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2145 WP No. 33419 of 2024 4. CHIEF CONSERVATOR OF FOREST BALEHONNUR RANGE, BALEHONNUR CHIKKAMAGALURU DISTRICT-577112. …RESPONDENTS (BY SRI.SESHU.V., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 08/10/2015 IN CASE NO. 87/2015-2016 PASSED BY ASST. CONSERVATOR OF FOREST, BALEHONNURU (3RD RESPONDENT) AT ANN-A AND ORDER DATED 17/06/2016 IN APL.18/2015 PASSED BY CHIEF CONSERVATOR OF FOREST, CHIKKAMAGALUR (4TH RESPONDENT) AT ANN-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. Learned Senior Counsel appearing for the petitioner 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 petitioner even till date. However, the - 3 - NC: 2025:KHC:2145 WP No. 33419 of 2024 officers of the Forest Department proceeded to pass the impugned orders despite the fact that the land has been granted by the Revenue Authorities. Such orders are passed directing the petitioner to hand over possession to officials of the Forest Department. 3. Learned Senior Counsel for petitioner 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 - NC: 2025:KHC:2145 WP No. 33419 of 2024 4. The petitioner is entitled for similar relief. 5. Accordingly, the present writ petition is partly allowed. The impugned order dated 08.10.2015 at Annexure ‘A’ and the order dated 17.06.2016 at Annexure ‘B’ 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 petitioner calling upon him to explain as to why he should not be evicted from the lands in question. If a reply is given by the petitioner producing the relevant documents to show that the lands have been granted by the Revenue Authorities in his 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 DL CT:JL