Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 36810 (KAR)

SRI KRANTHI KUMAR v. THE ADDITIONAL CHIEF SECRETARY

WP/36129/2024 · 2025-02-20

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7594 WP No. 36129 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 36129 OF 2024 (GM-FOR) BETWEEN: 1. SRI. KRANTHI KUMAR, S/O SRI. D. RAMANA KUMAR AGED ABOUT 32 YEARS, RESIDING AT APARTMENT NO. H-906, BRIGADE GATEWAY, MALLESHWARAM WEST 261/1, 80 FEET ROAD, DR. RAJKUMAR ROAD, BANGALORE, KARNATAKA - 560 055. 2. SMT. DR. D. MONIKA W/O DR. RAVITEJA AGED ABOUT 28 YEARS RESIDING AT NO. B-06, MALHAR MOSAIC, KAMBIPURA, KENGERI, BANGALORE, KARNATAKA - 560 060. 3. SMT. M. JHANSI LAKSHMI, W/O DR. M.S. RAMMOHAN RAO AGED ABOUT 81 YEARS RESIDING OPPOSITE TO INDIAN INSTITUTE OF NURSING, OLD MARKET ROAD, BELLARY, BELLARY CANTONMENT, KARNATAKA - 583 104. AT PRESENT RESIDING AT Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7594 WP No. 36129 of 2024 NO. B-06, MALHAR MOSAIC, KAMBIPURA, KENGERI, BANGALORE, KARNATAKA - 560 060. 4. SMT. D. JAYAPRADA W/O SRI. KOTESHWARA RAO AGED ABOUT 56 YEARS RESIDING AT NO.45/D1, OLD MARKET ROAD, NEAR NANDI SCHOOL, CANTONMENT, BELLARY, KARNATAKA - 583 104. AT PRESENT RESIDING AT NO. H-906, BRIGADE GATEWAY, MALLESHWARAM WEST 261/1, 80 FEET ROAD, DR. RAJKUMAR ROAD, BANGALORE, KARNATAKA - 560 055. …PETITIONERS (BY SRI. R. SHIVCHARAN, ADVOCATE) AND: 1. THE ADDITIONAL CHIEF SECRETARY FOREST AND ECOLOGY, GOVERNMENT OF KARNATAKA, M.S. BUILDING, BENGALURU - 560 001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST HEAD OF FOREST FORCE, ARANYA BHAVAN, MALLESWARAM, BENGALURU - 560 003. 3. THE ASSISTANT CONSERVATOR OF FOREST AND RESEARCH OFFICER, HADIYALA SUB-DIVISION, NANJANGUDU TALUK, MYSORE DISTRICT - 571 301. - 3 - NC: 2025:KHC:7594 WP No. 36129 of 2024 4. THE RANGE FOREST OFFICER, MOLIYUR FOREST RANGE, SARUR TALUK, MYSURU DISTRICT - 571 121. 5. THE DIRECTOR, BANDIPUR TIGER RESERVE, BANDIPUR, GUNDULPET TALUK, CHAMARAJANAGAR DISTRICT - 571 126. 6. THE DEPARTMENT OF REVENUE, STATE OF KARNATAKA, REPRESENTED BY IT'S SECRETARY, M.S. BUILDING, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD. 29.11.2024 (ANNX-K) AND FURTHER BE PLEASED TO DIRECT THE RESPONDENTS TO REMOVE THE ENCROACHMENTS AND RESTORE THE LANDS OWNED BY THE PETITIONERS IN IN SURVEY NOS. 1/1, 1/2, 4/1, 4/2, 4/3, 5/1 AND 5/2 OF CHIKKABESUGE VILLAGE, KANDALIKE HOBALI, SARAGURU TALUK, MYSORE DISTRICT AD-MEASURING 7 ACRES 3 GUNTAS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS - 4 - NC: 2025:KHC:7594 WP No. 36129 of 2024 ORAL ORDER Learned High Court Government Pleader is directed to take notice for all the respondents. 2. The prayer in the writ petition is to issue a writ of mandamus directing the respondents to consider the representation dated 29.11.2024 at Annexure-K given by the petitioners to the respondents to remove all encroachments made by the respondent-Forest officials in the lands belonging to the petitioners, more particularly 7 acres and 3 guntas. 3. Learned counsel for the petitioners submits that at the instance of the petitioners there was a joint survey conducted and it has been found that the lands belonging to the petitioners have been delineated and marked as forest lands and now it is found that 7 acres and 3 guntas belonging to the petitioners have been wrongly marked as forest lands and therefore, representation have been given - 5 - NC: 2025:KHC:7594 WP No. 36129 of 2024 by the petitioners to the forest officials to evict themselves from the said extent of land. 4. Learned High Court Government Pleader submits that if any person is aggrieved of encroachment at the hands of any persons, including the officers of the Forest Department, necessary action will have to be taken in accordance with law. 5. Nevertheless, the writ petition stands disposed of with a direction to respondent No.5-Director of Bandipur Tiger Reserve, to consider the representation given by the petitioners and communicate the decision taken to the petitioners as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 16 CT: BHK