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2025 DAILYLAW 56833 (KAR)

SMT SUKANYA v. THE STATE OF KARNATAKA

WP/23109/2022 · 2025-11-04

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44700 WP No. 23109 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 23109 OF 2022 (GM-FOR) BETWEEN: SMT. SUKANYA AGED ABOUT 36 YEARS, W/O LATE RAMEGOWDA, R/AT BILEKALLAHALLI VILLAGE, UDDEBORANAHALLI POST, CHIKKAMAGALURU TALUK AND DISTRICT - 577 101. …PETITIONER (BY SRI. VIJAYAKUMARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, FOREST DEPARTMENT VIDHANA SOUDHA AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE CHIEF CONSERVATOR OF FOREST MALLESHWARAM, BENGALURU - 03. 3. THE DEPUTY CONSERVATOR OF FOREST CHIKKAMAGALURU DIVISION, CHIKKAMAGALURU DISTRICT - 577 101 4. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT - 577 101. 5. THE THAHSILDHAR CHIKKAMAGALURU TALUK - 577 101. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44700 WP No. 23109 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE LETTER ISSUED R-3 VIDE ANNEXURE-F DATED 01.07.2022 NO. BU/COUD/CR.14/2022-23 AND DIRECTION MAY BE ISSUED FOR RESTORATION OF DISPOSSESSED LAND IN FAVOR OF THE PETITIONER BY DE- FENCING THE SUBJECT LAND IN RESPECT OF 2 ACRE AND 11 GUNTAS LAND IN SURVEY NO.77 OF GUNGARAHALLI VILLAGE, LAKYA HOBLI, CHIKKAMAGALURU TALUK IN FAVOR OF THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, petitioner is sought for writ of mandamus against the respondents to consider the letter dated 01.07.2022 (Annexure-F) addressed by respondent No.3 to the ADLR, Chikkamagalur Taluk and District. - 3 - HC-KAR NC: 2025:KHC:44700 WP No. 23109 of 2022 3. The petitioner is claiming his right over the property in question based on the provisional Grant Certificate dated 18.01.1990 (Annexure-C) in respect of land bearing Sy.No.77 of Gungarahalli Village, Chikkamagalur Taluk and District, to an extent of 2 acres 11 guntas. It is not forthcoming from the writ petition as to whether, land in question was regularized in favour of the petitioner and no documents is produced by the petitioner. 4. However, perusal of the internal correspondence between respondent No.3 as per Annexure-F would indicate that, the land in question would come within the purview of the Reserved Forest and in that view of the matter, it is open for the petitioner to establish his right over the property in question in a manner known to law and therefore, writ of mandamus would not lie against the respondents herein in the present petition. - 4 - HC-KAR NC: 2025:KHC:44700 WP No. 23109 of 2022 Reserving liberty to the petitioner to establish his right over the property in question, in a manner known to law. Accordingly, Writ Petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE GPG/List No.: 1 Sl No.: 42