- 1 - HC-KAR NC: 2025:KHC:32810 WP No. 25288 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25288 OF 2025 (GM-FOR) BETWEEN: JAGADGURU SRI VEERASIMHASANA MUTT, SUTTUR SRI. SHIVARATHRI RAJENDRA CIRCLE, MYSORE-570004. REPRESENTED BY ITS ADMINISTRATOR OFFICER SRI. REVANNASWAY R/O. JSS MAHAVIDYA PEETH, JAGADGURU SRI. SHIVARATHRI RAJENDRA CIRCLE, MYSORE-570004. …PETITIONER (BY MS. SANJEEVINI PRABHULING NAVADGI., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST, VIKAS SOUDHA, BENGALURU - 560001. 2. THE DEPUTY CONSERVATOR OF FORESTS, BILIGIRIRANGANABETTA Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32810 WP No. 25288 of 2025 TIGER RESERVE, CHAMARAJANAGAR DISTRICT - 571313. 3. THE CHIEF CONSERVATOR OF FORESTS, AND DIRECTOR BILIGIRIRANGANABETTA TIGER RESERVE, CHAMARAJANAGAR DISTRICT - 571313. 4. ASSISTANT CONSERVATOR OF FORESTS, YELANDUR WILDLIFE SUB DIVISION SANTHEMARAHALLI MAIN ROAD, YELANDUR CHAMARAJANAGAR DISTRICT - 571313. 5. RANGE FOREST OFFICER YELANDUR WILDLIFE RANGE YELANDUR CHAMARAJANAGAR DISTRICT - 571313. 6. DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT DC OFFICE CHAMARAJANAGAR - 571313. 7. REVENUE AND SURVEY DEPARTMENT BILIGIRIRANGANABETTA CHAMARAJANAGAR DISTRICT 571313. 8. TAHSILDAR CHAMARAJANAGAR DISTRICT - 571313. - 3 - HC-KAR NC: 2025:KHC:32810 WP No. 25288 of 2025 9. THE ASSISTANT DIRECTOR OF LAND RECORDS, CHAMARAJANAGAR TALUK-571313. …RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTICE DATED 28.03.2025 BEARING NO. SA AA SUM/ B. R.T/SA. NO.- 3 OTHUVARI/ CR- 07/2024-25 PASSED BY THE RESPONDENT NO. 2 VIDE ANNEXURE J; B. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION DIRECTING RESPONDENTS NO. 7 TO CONDUCT A JOINT SURVEY AND BOUNDARY DEMARCATION OF THE LANDS BEARING SY. NOS. 4/24, 4/30A, AND 4/30B IN BILIGIRIRANGANABETTA, CHAMARAJANAGAR DISTRICT, IN ACCORDANCE WITH THE REPRESENTATION DATED 11.04.2025 VIDE ANNEXURE-K. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2025:KHC:32810 WP No. 25288 of 2025 ORAL ORDER The petitioner, who asserts ownership of the different lands described in the schedules appended to the memorandum of this petition, calls in question the Notice dated 28.03.2025 [Annexure-J] issued under Section 34A of the Wildlife [Protection] Act, 1972 [for short, 'the Act']. 2. Ms Sanjeevini Prabhuling Navadgi, the learned counsel for the petitioner, submits that the petitioner's grievance with the impugned notice is because, despite earlier similar notices and the petitioner's response asserting ownership and a request for a joint survey, the second respondent has invoked the jurisdiction under Section 34A of the Act without deciding on the petitioner’s representations. The learned counsel emphasises that unless there is a joint survey of the petitioner's lands and the lands, that the second respondent asserts is a part of a - 5 - HC-KAR NC: 2025:KHC:32810 WP No. 25288 of 2025 National Park/Sanctuary, the petitioner cannot be called an unauthorized occupant or evicted therefrom. 3. Sri Rahul Cariappa, a learned Additional Government Advocate who is permitted to accept notice for the respondents, is heard in the light of this grievance. This Court must, at the outset, observe that it is undisputed that similar notices have been issued in the past and without an outcome. However, as pointed out by the learned Additional Government Advocate, this Court must observe that the show cause notice by itself will not be precipitative because, in terms of proviso to Section 34A[1] of the Act, the petitioner must be given an opportunity of being heard. 4. The petitioner, therefore, has the opportunity to show cause against eviction, but for such opportunity to be meaningful, in the peculiarities of this case, there must be a due consideration of the request for the joint survey. - 6 - HC-KAR NC: 2025:KHC:32810 WP No. 25288 of 2025 Therefore, this Court is of the view that the respondents must defer coercive measures until the conclusion of the enquiry wherein the petitioner's request for joint survey must be considered by a reasoned order and if it is opined that the survey is essential, it should be held before conclusion of the enquiry. While so observing and reserving liberty to the petitioner, subject to all just exceptions, the petition stands disposed of. SD/- (B M SHYAM PRASAD) JUDGE AN/-