Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39595 WP No. 8115 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8115 OF 2025 (GM-FOR) BETWEEN:
SMT. K.M. LOVELY AGED ABOUT 75 YEARS, W/O LATE K.M. MUTTHANNA, R/AT KURCHI VILLAGE, SRIMANGALA POST, PONNAMPET TALUK, KODAGU - 571 217. …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, REP. BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, 4TH FLOOR, DR. B. R. AMBEDKAR VEEDHI, BENGALURU - 560 001.
2.
DEPUTY REGIONAL FOREST OFFICER PONNAMPET RANGE, PONNAMPET TALUK, KODAGU DISTRICT - 571 217.
3.
K M NOBAN MANDAPPA AGED ABOUT 65 YEARS, S/O LATE MANDAPPA, R/O PALLERI VILLAGE, K-BADAGA POST,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39595 WP No. 8115 of 2025
PONNAMPET TALUK, KODAGU DISTRICT - 571 217 …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R1 AND R2 VIDE ORDER DATED 08.10.2025, NOTICE TO R2 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2/ THE DEPUTY REGIONAL FOREST OFFICER NOT TO RELEASE THE WOODEN LOGS WHICH ARE SEIZED BY HIM, STORED IN THE PETITIONERS PROPERTY IN FAVOR OF THE R3 TILL THE DISPOSAL OF OS NO. 45/2024 PENDING ON THE FILE OF HONBLE COURT OF CIVIL JUDGE AND JMFC AT PONNAMPET VIDE ANNEXURES - B AND B1 AND ETC.
THIS 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 and 2.
2. Notice to respondent No.3 is dispensed with in view of the proposed order to be passed.
3. The petitioner is before this Court seeking for the following reliefs:
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HC-KAR NC: 2025:KHC:39595 WP No. 8115 of 2025
"(i). Issue a Writ of Mandamus directing the Respondent No.2/the Deputy Regional Forest Officer not to release the wooden logs which are seized by him, stored in the Petitioner's property in favor of the Respondent No.3 till the disposal of O.S.No.45/2024 pending on the file of Hon'ble Court of Civil Judge and J.M.F.C. at Ponnnampet vide ANNEXURE-B & B1. (ii). Issue any other order or direction under the
facts and circumstances of the present case, to grant such other relief as this Hon'ble court would deem fit to be granted, in the interest of justice and equity."
4. The petitioner claims to be the owner of the land bearing Survey Nos. 20/1, 20/4 and 69 situated in Beeruga Village, Srimangala Hobli, Ponnampet Taluk, Kodugu District. It is alleged that respondent No.3 had sought to interfere with the possession of the petitioner in respect to the said property, whereupon the petitioner had filed a suit in O.S.No.45/2024 before the Civil Judge and JMFC, Ponnampet. Vide order dated 25.04.2024, restrained respondent No.3 from interfering with the possession of the petitioner over the suit schedule property.
5. In the meanwhile, respondent No.3 is alleged to have entered the said land and cut down certain trees situated
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HC-KAR NC: 2025:KHC:39595 WP No. 8115 of 2025
in the said property as regards which on a complaint having been filed in F.O.C No.30/2022-23 has been registered by the Forest Officials, which subsequently is alleged to have been quashed.
6. The petitioner is now before this Court apprehending that respondent No.3 may remove the wooden logs which are situated on the property of the petitioner.
7. If that be so, it is for the petitioner to approach the Civil Judge and JMFC, Pannampet before whom O.S.No. 45/2024 is pending. Since no direction can be issued against the respondents-State Officials subsequent to F.O.C No.30/2022-23 has already been quashed.
8. Reserving such liberty to the petitioner, the writ petition stands disposed of.
SD/- (SURAJ GOVINDARAJ) JUDGE
SMC/List No.: 1 Sl No.: 15