- 1 - NC: 2025:KHC-K:1227 WP No. 200442 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R.NATARAJ WRIT PETITION NO.200442 OF 2025 (GM-FOR) BETWEEN: 1. MD. ABDUL RAFI S/O MD. ABDUL HAKEEM, AGED ABOUT 67 YEARS, OCC: BUSINESS, R/O H.NO.14-5-334, PLOT NO.37, SY.NO.86, SHAHAPUR GATE, HALADKERI (K), TQ. AND DIST. BIDAR-585 401. 2. H. S. MARTIN S/O SAMSON, AGED ABOUT 58 YEARS, OCC: BUSINESS, R/O H.NO.14-5-295, PLOT NO.39, SY.NO.86, SHAHAPUR GATE, HALADKERI (K), TQ. AND DIST.BIDAR-585 401. 3. NISAR ALI S/O SHAIK ABDUL KHADAR ALI, AGED ABOUT 68 YEARS, OCC: AGRICULTURE, R/O H.NO.14-6-280, PLOT NO.44, SY.NO.86, SHAHAPUR GATE, HALADKERI (K), TQ. AND DIST.BIDAR-585 401. 4. SYED AHMED S/O SYED NOOR, AGED ABOUT 60 YEARS, OCC: BUSINESS, R/O H.NO.14-5-268, PLOT NO.45, SY.NO.86, SHAHAPUR GATE, HALADKERI (K), TQ. AND DIST.BIDAR-585 401. 5. SRI. JAGANNATH S/O VAIJINATH, AGED ABOUT 57 YEARS, OCC: LABOUR, R/O H. NO.14-5-236, PLOT NO.49 SY. NO.86, Digitally signed by RENUKA Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:1227 WP No. 200442 of 2025 SHAHAPUR GATE, HALADKERI (K), TQ. AND DIST. BIDAR-585401. 6. SHAHIDA PARVEEN W/O MD. AKRAM, AGED ABOUT 42 YEARS, OCC: HOUSEHOLD, R/O H.NO.14-5-266, PLOT NO.43, SY.NO.86, SHAHAPUR GATE, HALADKERI (K), TQ. AND DIST.BIDAR-585 401. 7. ILYAS PASHA S/O ABDUL HAMEED, AGED ABOUT 49 YEARS, OCC: BUSINESS, R/O H.NO.14-5-233, PLOT NO.35, SY.NO.86, SHAHAPUR GATE, HALADKERI (K), TQ. AND DIST. BIDAR-585 401. 8. SMT. VAISHALI W/O NAGSHETTY BABSHETTE, AGED ABOUT 44 YEARS, OCC: HOUSEHOLD, R/O H.NO.14-6-273, PLOT NO.48, SY.NO.86, SHAHAPUR GATE, HALADKERI (K), TQ. AND DIST.BIDAR-585 401. 9. SRI CHALKE CHENNAPPA S/O SIDDAPPA, AGED ABOUT 61 YEARS, OCC: AGRICULTURE, R/O H.NO.14-6-134, PLOT NO.65, SY.NO.86, SHAHAPUR GATE, HALADKERI (K), TQ. AND DIST.BIDAR-585 401. 10. MD. AKRAM JALEEL S/O MOHAMMED AZAM, AGED ABOUT 46 YEARS, OCC: BUSINESS, R/O H.NO.14-6-234/3, PLOT NO.57/1, SY.NO.86, SHAHAPUR GATE, HALADKERI (K), TQ. AND DIST.BIDAR-585 401. 11. NASREEN FATHIMA W/O LATE MOHD. MOAZZAM SHAKEEL, AGED ABOUT 46 YEARS, OCC: HOUSEHOLD, R/O H.NO.14-5-279, PLOT NO.56, SY.NO.86, SHAHAPUR GATE, HALADKERI (K), TQ. AND DIST. BIDAR-585 401. - 3 - NC: 2025:KHC-K:1227 WP No. 200442 of 2025 12. MOHD. ASLAM KHALEEL S/O MOHD. AZZAM SAB, AGED ABOUT 48 YEARS, OCC: BUSINESS, R/O H.NO.14-6-232, PLOT NO.55, SY.NO.86, SHAHAPUR GATE, HALADKERI (K) , TQ. AND DIST. BIDAR-585 401. …PETITIONERS (BY SRI RAVI B. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, D.C.OFFICE, BIDAR-585401. 2. THE DISTRICT FOREST OFFICER, BIDAR, OPP: IMA HALL, K.E.B. ROAD, BIDAR-585401. 3. RANGE FOREST OFFICER, SUB DIVISION BIDAR, OPP: IMA HALL, KEB ROAD, BIDAR-585401. 4. ASSISTANT CONSERVATOR OF FOREST, SUB-DIVISION BIDAR, GESCOM ROAD, BIDAR-585401. 5. THE PROJECT DIRECTOR, URBAN DEVELOPMENT CELL, D.C. OFFICE, BIDAR-585401. …RESPONDENTS (BY SRI SHESHADRI JAISHANKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI ANY OTHER WRIT OR DIRECTION TO QUASH THE IMPUGNED NOTICE DATED 31.11.2024 ISSUED BY RESPONDENT NO.4 AUTHORITY AS AT ANNEXURE R, R1, R2, R3 AND R4 IN FILE NO.¸ÀC¸ÀA:©ÃzÀgÀ:G¥À«¨sÁUÀ:©ÃzÀgÀ:MvÀÄÛªÀj64(J):¹Dgï-2024-25 AS ILLEGAL AND ARBITRARY. - 4 - NC: 2025:KHC-K:1227 WP No. 200442 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R.NATARAJ ORAL ORDER The petitioners have filed this writ petition challenging the notices issued by respondent No.4 under Section 64A of the Karnataka Forest Act, 1963 (for short, ‘the Act of 1963’) 2. It is the case of the petitioners that respondent No.1 had provided sites to houseless and landless people of Haladkeri (K) of Shahapur Gate and that they had purchased some of the plots from the allottees after the non-alienation period had expired. The petitioners contend that they all constructed buildings in their respective properties and are in possession. They all contend that the layout formed by the State Government was in Sy.No.86 of Haladkeri (K) village, which was a Government land. Nonetheless, respondent No.4 has now issued notices alleging that the petitioners have constructed their buildings in forest land in Sy.No.88 and 89. Respondent - 5 - NC: 2025:KHC-K:1227 WP No. 200442 of 2025 No.4 has issued notices to the petitioners for an enquiry under Section 64A of the Act of 1963 and that the petitioners have submitted their respective replies. They contend that respondent No.4 without considering their replies is attempting to dispossess the petitioners from the properties. 3. Learned counsel for the petitioners reiterated the above contentions and contended that respondent No.4 had directed the petitioners to appear on 22.11.2024 and submit their objections and accordingly the petitioners have submitted their objections. However, respondent No.4 without considering the objections is attempting to remove the constructions put up by the petitioners. 4. Per contra, learned Additional Government Advocate submitted that the petitioners have challenged the statutory notices issued by respondent No.4 under Section 64A of the Act of 1963. He submits that the enquiry is restricted to the question whether the construction put up by the petitioners is in Sy.Nos.88 and - 6 - NC: 2025:KHC-K:1227 WP No. 200442 of 2025 89 of Haladkeri (K) village or not. He therefore contends that if the petitioners have any documents to establish that the constructions put up by them are not in the aforesaid survey numbers, respondent No.4 would not take any steps to evict them from the properties. He however contends that if the constructions are in Sy.Nos.88 and 89, respondent No.4 is entitled to take proceedings to evict the petitioners. He submits that if the petitioners have filed their objections, the same shall be considered in accordance with law. 5. As rightly contended by the learned Additional Government Advocate, the petitioners have challenged the notices issued by respondent No.4 under Section 64A of the Act of 1963. It is the claim of respondent No.4 that the petitioners are in possession of a portion of Sy.Nos.88 and 89 of Haladkeri (K) village, which is recorded as ‘Forest Land’ in the revenue records. It is trite that no person including the petitioners are entitled to enter or claim any right in forest land. Therefore, respondent No.4 - 7 - NC: 2025:KHC-K:1227 WP No. 200442 of 2025 is justified in initiating steps for an enquiry under Section 64A of the Act, 1963. Now that the petitioners have submitted their objections to the notices, respondent No.4 shall proceed in accordance with law and if need be, by conducting a revenue survey involving the forest department officials as well as the revenue department officials and thereafter take a decision on the claim made by the petitioners. It is needless to mention that until the aforesaid exercise is done, respondent No.4 shall not take any steps to dispossess the petitioners or demolish the structures put up by them. With the above observations, the writ petition stands disposed off. Sd/- (R.NATARAJ) JUDGE RSP List No.: 1 Sl No.: 12 CT:SI