- 1 - HC-KAR NC: 2025:KHC:35350 WP No. 26657 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26657 OF 2025 (KLR-RES) BETWEEN: 1. SIDDAGANGAMMA W/O. RAMAIAH, AGED ABOUT 54 YEARS, 2. SHIVAGANGAMMA W/O. LATE SIDDAPPA, AGED ABOUT 60 YEARS, 3. RENUKAPPA @ RENUKA S/O VEERABHADRAIAH AGED ABOUT 65 YEARS 4. R.BHAGYAMMA W/O. K.S.SHIVANNA, AGED ABOUT 63 YEARS, 5. KENCHAMMA W/O. RANGASHAMAIAH, AGED ABOUT 69 YEARS, 6. CHETHAN S/O. CHANDRASHEKHAR, AGED ABOUT 39 YEARS, ALL ARE R/O. NAYAKANAHALLI VILLAGE HAGALAVADI HOBLI, GUBBI TALUK Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35350 WP No. 26657 of 2025 TUMAKURU DISTRICT - 572 222. …PETITIONERS (BY SRI. S.V. PRAKASH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU - 572 101. 3. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION, TUMAKURU - 572 101. 4. TAHSILDAR, GUBBI TALUK, GUBBI, TUMAKURU DISTRICT - 572 216. 5. RANGE FOREST OFFICER, GUBBI RANGE, GUBBI, TUMAKURU DISTRICT - 572 216. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 277 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ORDER OR DIRECTION, DIRECTING THE SECOND RESPONDENT TO CONSIDER THE APPLICATION MADE BY THE PETTIONERS IN CASE NO. RA 14/25 PENDING BEFORE - 3 - HC-KAR NC: 2025:KHC:35350 WP No. 26657 of 2025 HIM, SEEKING INTERIM ORDER OF STAY, STAYING THE IMPLEMENTATION/EXECUTION OF ORDER DATED 07.01.2025 PASSED BY THE THIRD RESPONDENT PRODUCED AS ANNEXURE-G TO THE WRIT PETITION ND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. The grievance of the petitioners lies in a narrow compass. It has been pointed out that earlier the Deputy Commissioner had passed an order at Annexure-D dated 04.03.2022 setting aside the order of cancellation passed by the Assistant Commissioner with a direction that the Assistant Commissioner shall reconsider the matter after giving the petitioner an opportunity to be heard and, if need be, conduct a joint survey to find out whether the lands in question granted to the petitioners are forest lands. - 4 - HC-KAR NC: 2025:KHC:35350 WP No. 26657 of 2025 3. Learned counsel submits that no such joint survey was conducted by the Assistant Commissioner and an order was passed at Annexure-E once again cancelling the grant. When the petitioners filed a second appeal before the Deputy Commissioner and sought an interim order of stay of the orders passed by the Assistant Commissioner, the Deputy Commissioner had only issued notice and therefore the petitioners are before this Court. 4. Having regard to the admitted fact that the Deputy Commissioner had earlier directed the Assistant Commissioner to reconsider the matter after affording an opportunity of hearing and to conduct a joint survey, if necessary and when it is the contention of the petitioners that no such joint survey was held, it was incumbent upon the Deputy Commissioner to consider the interim prayer made by the petitioners for a stay of the order passed by the Assistant Commissioner. - 5 - HC-KAR NC: 2025:KHC:35350 WP No. 26657 of 2025 5. In that view of the matter, the writ petition stands disposed of while staying the order passed by the Assistant Commissioner at Annexure-E till the appearance of the private respondents before the Deputy Commissioner. The Deputy Commissioner shall thereafter consider and pass orders on the interim prayer made by the petitioners and pass orders before proceeding to consider the matter on merits. Ordered accordingly. Sd/- (R DEVDAS) JUDGE GJM List No.: 1 Sl No.: 10 CT: BHK