- 1 - HC-KAR NC: 2025:KHC:52505 WP No. 37320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37320 OF 2025 (GM-FOR) BETWEEN: 1. SMT.GEETHA Y D/O. YELLAPPA, AGED 42 YEARS, BELLARA VILLAGE, HULIYARA HOBLI, CHICKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT - 572 218. 2. SMT. B.N. BHAGYAMMA W/O. RANGAIAH, AGED 59 YEARS, BELLARA VILLAGE, HULIYARA HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT - 572 218. …PETITIONERS (BY SRI. A. NAGARAJAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY, KARNATAKA GOVERNMENT SECRETARIAT, MULTISTOREYED BUILDING, DR.AMBEDKAR VEEDHI, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52505 WP No. 37320 of 2025 BENGALURU - 560 001. 2. THE PRINCIPAL CONSERVATOR OF FOREST IN THE STATE, ARANYA BHAVAN, MALLESHWARAM, BENGALURU - 560 003. 3. THE AUTHORISED OFFICER-CUM- ASSISTANT CONSERVATOR OF FOREST, TIPTUR SUB-DIVISION, TIPTUR. TUMKUR DISTRICT - 572 201. 4. THE FOREST RANGE OFFICER BUKKAPATNA RANGE, BUKKAPATNA, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT - 560 035. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES DATED 28-10-2025 ISSUED BY THE 3RD RESPONDENT IN NO.SA.AA.SAM.VATTUVARI VICHARANE 64.A.CR 2025-26 MARKED AT ANNEXURE-G, THE 2ND NOTICE DATED 18.11.2025 MARKED AT ANNEXURE-G1, ISSUED BY THE 3RD RESPONDENT UNDER SECTION 64-A OF THE KARNATAKA FOREST ACT 1963 AND THE FINAL NOTICE DATED 27.11.2025 MARKED AT ANNEXURE-G2, ISSUED BY THE 3RD RESPONDENT UNDER SECTION 64-A OF THE FOREST ACT IN SO FAR AS THE 1ST PETITIONER IS CONCERNED, ETC., - 3 - HC-KAR NC: 2025:KHC:52505 WP No. 37320 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 4. 2. Petitioner is before this Court seeking for the following reliefs: "a) Issue an order or direction or writ in the nature of writ of certiorari quashing the Notices issued by the 3rd respondent in No.Sa.Aa.Sam.Vattuvari: Vicharane: 64.A. .CR. -2025-26 marked at Annexure G, the 2nd Notice dated 18.11.2025 marked at Annexure-G1, issued by the 3rd respondent under Section 64-A of the Karnataka Forest Act, 1963 and the final notice dated 27.11.2025 marked at Annexure G2, issued by the third respondent under Section 64-A of the Forest Act in so far as the 1st petitioner is concerned. b) Issue an order or direction or writ in the nature of writ of certiorari quashing the Notice dated 28.10.2025 in No.Sa.Aa.Sam Vattuvari: Vicharane : 64.A .CR. 2025-26 marked at Annexure H, issued by the 3rd respondent, the 2nd Notice dated 18.11.2025 marked at Annexure H1, issued by the third respondent under Section 64-A of the Karnataka Forest Act, 1963 and the Final Notice issued by the 3rd respondent dated - 4 - HC-KAR NC: 2025:KHC:52505 WP No. 37320 of 2025 27.11.2025 marked at Annexure H2, issued under Section 64-A of the Act, in so far as the 2nd petitioner is concerned. c) Issue any order or orders as deems fit and proper, including the cost of the proceedings." 3. There is no dispute about the land of the petitioners being a forest land. The only contention of the learned counsel for the petitioners is that the Forest Department had released 1,325 acres of land in favour of the Horticulture Department for establishing a Progeny Orchard and thereafter the said land has been granted in favour of the petitioners and several others. 4. Insofar as the grant is concerned, the grant having been cancelled, the same was under challenge in Writ Petition No.35418/2025 (KLR-RES) and Writ Petition No.35400/2025(KLR-LG). The said writ petitions were disposed of on 02.12.2025, directing the respondents therein which includes the Range Forest Officer at respondent No.5 to conduct an - 5 - HC-KAR NC: 2025:KHC:52505 WP No. 37320 of 2025 enquiry, provide an opportunity to the petitioners of being heard, and take decisions thereon. 5. Such being the case, until the enquiry, as directed in the aforesaid writ petitions is completed, the question of the respondents initiating proceeding under Section 64A of the Karnataka Forest Act, would not arise. 6. As such I pass the following: ORDER (i) Writ petition is allowed. (ii) A certiorari is issued. Impugned notice dated October 2025 at Annexure G, 2nd Notice dated 18.11.2025 at Annexure G1 and final Notice dated 27.11.2025 at Annexure G2, all issued under Section 64A of the Karnataka Forest Act, by the third respondent in respect of the petitioner No.1 and the impugned notice dated 28.10.2025 at Annexure H, 2nd Notice - 6 - HC-KAR NC: 2025:KHC:52505 WP No. 37320 of 2025 dated 18.11.2025 at Annexure H1 and final Notice dated 27.11.2025 at Annexure H2, all issued under Section 64A of the Karnataka Forest Act, by the third respondent in respect of the petitioner No.2, are quashed. (iii) Liberty is reserved to the respondents to initiate such action as may be available to them on the culmination of the enquiry to be conducted in pursuance of the order dated 02.12.2025 in Writ Petition No.35418/2025(KLR-RES) and Writ Petition No.35400/2025(KLR-LG). Sd/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 36