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2025 DAILYLAW 41202 (KAR)

C R VISHWANATH v. CHIEF SECRETARY

WP/458/2024 · 2025-11-18

D K Singh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47329 WP No. 458 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 458 OF 2024 (GM-FOR) BETWEEN: 1. C R VISHWANATH S/O RAMKRISHNEGOWDA, AGED ABOUT 39 YEARS, CHIKKAGANNI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573201 …PETITIONER (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: 1. CHIEF SECRETARY ENVIRONMENT, FOREST AND ECOLOGY, VIDHANA SOUDHA, BANGALORE - 560001 2. DEPUTY CONSERVATION OF FOREST HASSAN DIVISION, HASSAN - 573201 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47329 WP No. 458 of 2024 3. RANGE FOREST OFFICER (RFO) REGIONAL FORESTRY ZONE, HOLENARSIPURA TALUK, HASSAN DISTRICT -573201 4. TAHASILDAR HOLENARAISIPURA TALUK HOLENARASIPURA, HASSAN DISTRICT-573201 …RESPONDENTS (BY SRI.M.N.SUDEV HEGDE, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-V THAT IS ORDER DATED 02/07/2022 BEARING NO. B4 (A4) SRIMATADA KAVAL/GL-7968/2022-23 PASSED BY THE SECOND RESPONDENT DEPUTY CONSERVATOR OF FOREST, HASSAN DIVISION, HASSAN AND ALTERNATIVELY PASS APPROPRIATE ORDER IN THE INTEREST OF JUSTICE AND EQUITY & ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47329 WP No. 458 of 2024 CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER The present writ petition has been filed by the petitioner seeking quashing of the order dated 02.07.2022 bearing No.B4(A4) Srimatada Kaval/GL-7968/2022-23 passed by respondent No.2-the Deputy Conservation of Forest, Hassan District stating that the land bearing Sy.No.15/02 measuring 12 acres is deemed forest. 2. Learned counsel for the petitioner submits that the petitioner has purchased the said land under registered sale deed dated 26.07.2021 from one A.C.Anandakumar. The survey conducted by the Forest Department does not include the Revenue Officer or the Revenue Department for coming to the correct conclusion that whether the said land is forest land and situated in Srimatada Kaval Deemed Forest or it is a private land owned by the petitioner. He, therefore, submits that this Court may direct respondent No.2 and respondent No.4-Tahsildar, Holenaraisipura Taluk to conduct a joint survey and during survey, the petitioner should also be given a notice to participate. - 4 - HC-KAR NC: 2025:KHC:47329 WP No. 458 of 2024 3. Mr.M.N.Sudev Hegde, learned AGA does not have much objection to such prayer made by learned counsel for the petitioner. 4. In view thereof, the present writ petition is disposed of with a direction to respondent Nos.2 and 4 to conduct a fresh joint survey of the land in question and the petitioner should also be given a notice for conducting such a survey. On the basis of the report to be submitted after conducting the joint survey, further proceedings should be taken against the petitioner, if he is found to be in possession of the Forest land. A joint survey to be conducted within a period of one month. Sd/- (D K SINGH) JUDGE VM List No.: 1 Sl No.: 24