- 1 - NC: 2025:KHC:4073 WP No. 36118 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 36118 OF 2024 (GM-FOR) BETWEEN: H.N. SHASHIDHARA, SON OF H. NARASIMHAPPA, AGED ABOUT 40 YEARS, RESIDENT OF SOORAGONDANAKOPPA VILLAGE, BELAGUTTI HOBLI, NYAMTHI TALUK, DAVANAGERE DISTRICT. …PETITIONER (BY SRI. S. JAYARAMA BHATT, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, BENGALURU - 560 001. 2. CHIEF CONSERVATOR OF FOREST SHIVAMOGGA CIRCLE, SANDAL DEPOT, SHIVAMOGGA - 577 202. 3. ASSISTANT CONSERVATOR OF FOREST, AYANOOR SUB DIVISION, SHIVAMOGGA - 577 201. 4. THE RANGE FOREST OFFICER, AYANOOR RANGE, AYANOOR, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4073 WP No. 36118 of 2024 SHIVAMOGGA DISTRICT - 577 202. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.02.2024 PASSED BY THE R-3 IN CASE NO. SA/AV/ENCHROACH/GL.NO.37/2023-24/896 PRODUCED AS PER ANNX-P WHICH IS CONFIRMED BY R-2 ON 18.09.2024 IN APPEAL NO. 18/2023-24 PRODUCED AS PER ANNX-Q TO THE WRIT PETITION 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. 2. Learned counsel for 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 proceed to issue notice to the petitioner despite the fact that the land has been granted by the revenue authorities. - 3 - NC: 2025:KHC:4073 WP No. 36118 of 2024 Such orders are passed directing the petitioner to hand over possession to officials of the Forest Department. 3. Learned counsel for petitioner points out to the Court that in 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 party allowed the writ petition and quashed the impugned notices 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. The petitioner is entitled for similar relief. - 4 - NC: 2025:KHC:4073 WP No. 36118 of 2024 5. Accordingly, the present Writ Petition is partly allowed. The impugned order/notice dated 19.02.2024 (Annexure-P) in case No.SA/AV/Encroah/GL.No.37/2023- 24/896 passed by respondent No.3, which is confirmed by respondent No.2 on 18.09.2024 in Appeal No.18/2023-24 at (Annexure-Q) are hereby quashed and set aside. However, the second respondent or any other authority who is empowered, may issue a show cause notice to the petitioner calling upon them to explain as to why they 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 their 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 rv Sl No.: 13, CT: BHK