- 1 - NC: 2025:KHC:3489 WP No. 30 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 30 OF 2025 (GM-FOR) BETWEEN: 1. SRI. T.M. NAGESH, S/O SRI. MALLEGOWDA AGED ABOUT 53 YEARS, R/AT. KALMAKKI, HALASOORU VILLAGE, NARASIMHARAJAPURA TALUK, CHIKKAMAGALUR - 577 160. 2. SRI. T. M. UMESH, S/O SRI. MALLEGOWDA AGED ABOUT 50 YEARS, R/AT. KALMAKKI, HALASOORU VILLAGE, NARASIMHARAJAPURA TALUK, CHIKKAMAGALUR - 577 160. …PETITIONERS (BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL, ADVOCATE FOR SRI. RAMU S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, MULTISTORIED BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE RANGE FOREST OFFICER BALEHONNUR RANGE, BALEHONNUR, CHIKKAMAGALUR DISTRICT - 577 112. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3489 WP No. 30 of 2025 3. THE ASST. CONSERVATOR OF FOREST BALEHONNUR RANGE, BALEHONNUR, CHIKKAMAGALUR DISTRICT - 577 112. 4. CHIEF CONSERVATOR OF FOREST BALEHONNUR RANGE, BALEHONNUR, CHIKKAMAGALUR DISTRICT - 577 112. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF ASSISTANT CONSERVATOR OF FOREST, BALE HONNUR, KALASA SUB DIVISION, KOPPA, (RESPONDENT NO.3)IN FOC NO. 36/1999-2000 DATED 27-09-2002 AT ANNEXURE-C. AND ORDERS PASSED BY CHIEF CONSERVATOR OF FOREST CHIKKAMAGALUR (4TH RESPONDENT) DATED 02/06/2003 IN APL-20/2002 AT ANNEXURE-D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. - 3 - NC: 2025:KHC:3489 WP No. 30 of 2025 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 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 - 4 - NC: 2025:KHC:3489 WP No. 30 of 2025 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. The petitioner is entitled for similar relief. 5. Accordingly, the present writ petition is partly allowed. The impugned order dated 27.09.2002 at Annexure ‘C’ and the order dated 02.06.2003 at Annexure ‘D’ 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 - 5 - NC: 2025:KHC:3489 WP No. 30 of 2025 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. In view of the disposal of the main matter, pending IAs are disposed of. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 21 CT: BHK