- 1 - HC-KAR NC: 2025:KHC:29127 WP NO.6337 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.6337 OF 2024 (KLR-RES) BETWEEN: 1. SMT. RATHNAMMA W/O LATE R. SATHYANARAYANA AGED ABOUT 74 YEARS, R/AT TUBAGERE VILLAGE AND HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT - 561 203. 2. SRI. T.R. NAGARAJ S/O LATE K. RAMASWAMY AGED ABOUT 69 YEARS, R/AT BIDADI, CHATHRA VILLAGE, RAMANAGARA TALUK, RAMANAGARA DISRTICT - 562 109. 3. SMT. SHOBHA @ NANJAMMA W/O LATE R. KRISHNAPPA AGED ABOUT 59 YEARS. 4. SRI. RAGHAVENDRA W/O LATE R. KRISHNAPPA AGED ABOUT 39 YEARS. PETITIONERS 3 AND 4 ARE R/AT ROJIPURA, DODDABALLAPUR TOWN, KARNATAKA - 561 203. 5. SMT. SHIVAMMA W/O LATE VENKATESH AGED ABOUT 46 YEARS, R/AT TUBAGERE VILLAGE AND HOBLI, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29127 WP NO.6337 OF 2024 DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT - 561 203. 6. SRI. R. ANAND S/O LATE K. RAMASWAMY, AGED ABOUT 65 YEARS, R/AT TUBAGERE VILLAGE AND HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT - 561 203. PETITIONERS 1 TO 5 ARE REP. BY THEIR G.P.A. HOLDER SRI. R. ANAND - PETITIONER NO.6. …PETITIONERS (BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR SRI. JAYARAJ D.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER DODDABALLAPUR DIVISION, DODDABALLAPUR TALUK, KARNATAKA - 560 001. 3. THE ASSISTANT COMMISSIONER DODDABALLAPUR DIVISION, DODDABALLAPUR TALUK, KARNATAKA - 561 203. 4. THE TAHSILDAR DODDABALLAPUR DIVISION, DODDABALLAPUR TALUK, KARNATAKA - 561 203. - 3 - HC-KAR NC: 2025:KHC:29127 WP NO.6337 OF 2024 5. THE SPECIAL FOREST OFFICER (VANAPALA), DEPARTMENT OF FOREST, GOVERNMENT OF KARNATAKA, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 003. 6. THE RANGE FOREST OFFICER (VANAPALA) DEPARTMENT OF FOREST, GOVERNMENT OF KARNATAKA, CHIKKABALLAPUR ROAD, T.B. CIRCLE, DODDABALLAPUR TOWN, DODDABALLAPUR TALUK, KARNATAKA - 561 203. …RESPONDENTS (BY SMT. HEMALATHA V., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ORDER IN EXPUNGING THE MUTATION ENTRIES DATED 11TH JULY, 2023 IN THE REVENUE RECORDS/RTC AND PAHANI IN RESPECT OF THE PETITION SCHEDULE LAND IN TERMING AND DECLARING THE SAME AS FOREST AREA VIDE ANNEXURES 'A' AND 'A1' AND THEREBY PARTICULARLY, TERMING THE SAME AS NOT FOREST AREA AND CONSEQUENTLY TO MUTATE THE NAME OF PETITIONERS TOWARDS THE SCHEDULE LAND; DIRECT THE OFFICIAL RESPONDENTS TO INCORPORATE THE NAME OF THE PETITIONERS WITH RESPECT TO THE SCHEDULE LAND VIDE ANNEXURES 'A' AND 'A1' SERIES; AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, petitioners are assailing the letter dated 11th July, 2023 (Annexure-A) addressed by the - 4 - HC-KAR NC: 2025:KHC:29127 WP NO.6337 OF 2024 respondent No.6, wherein the respondent No.6 stated that the respondent-State had declared the scheduled land as a 'Deemed Forest'; inter alia sought for direction to the respondents to incorporate the name of the petitioners in the revenue records pertaining to the schedule land. 2. The facts in nutshell for the purpose of the adjudication of this writ petition are that the schedule land has been granted in favour of one Dasachar and Srinivasachar by His Highness Maharaja of Mysore as per the order of grant dated 01st January, 1881 and the said grant has been made subject to payment of annual quit rent of Rs.10/- as per Annexures 'B' and 'B1'. It is also averred in the writ petition that the grantees were in possession of the schedule land and thereafter, as per the registered Sale Deed dated 08th October, 1912 (Annexure-C), the schedule land was purchased by Papaiah, Narayanappa, Hanumanthappa and Kuppaiah. It is also stated in the writ petition that the revenue entries have been changed by the jurisdictional Tahsildar. It is further stated that, as per the official letter dated 05th May, 1995 (Annexure-E), the land bearing Survey Nos.12, 17, 21, 24, 25 - 5 - HC-KAR NC: 2025:KHC:29127 WP NO.6337 OF 2024 and 26 have been identified as belonged to Forest Department. It is also stated that the land in question is not belonged to Forest Department and in this regard, Original Suit No.428/2014 came to be filed against the petitioners herein, claiming right over the property in question and same was resolved by way of compromise petition produced at Annexures 'J' and 'K'. Hence, it is the case of the petitioners that the schedule land is not belonged to Forest Department and the petitioners are in possession and enjoyment of the same and accordingly, petitioners have challenged the change of entries in mutation as stated in the letter dated 11th July, 2023 (Annexures 'A' and 'A1') in the present writ petition. 3. Heard Sri. Rajesh Mahale, learned Senior Counsel on behalf of Sri. Jayaraj D.S., appearing for petitioners and Smt. Hemalatha V., learned Additional Government Advocate appearing for respondents. 4. Sri. Rajesh Mahale, learned Senior Counsel appearing for petitioners contended that the schedule land is originally granted by His Highness Maharaja of Mysore during the year-1881 and thereafter, as per the registered Sale Deed - 6 - HC-KAR NC: 2025:KHC:29127 WP NO.6337 OF 2024 at Annexure-C, the land in question was purchased by four persons namely Papaiah, Narayanappa, Hanumanthappa and Kuppaiah and same has been devolved to the petitioners. Therefore, it is contended by learned Senior Counsel appearing for petitioners that there is no notification issued by the respondent-Government to notify that the schedule land is a Forest Land or Deemed Forest and in that view of the matter, the change of entries made as stated in the letter dated 11th July, 2023 (Annexures 'A' and 'A1') requires to be set-aside in this writ petition, since, the same has been effected without affording an opportunity of hearing to the petitioners. 5. Per contra, Smt. Hemalatha V., learned Additional Government Advocate appearing for respondents reiterates the averments made in the statement of objections and submitted that the land in question has been notified by the Department of Forest as a Deemed Forest in their affidavit filed before the Hon'ble Supreme Court in Writ Petition (Civil) No.202/1995. Accordingly, she sought to justify the action of the respondent- Authorities with regard to change of entries in the mutation register. - 7 - HC-KAR NC: 2025:KHC:29127 WP NO.6337 OF 2024 6. In the light of submission made by learned counsel appearing for the parties and on careful examination of the writ papers, the same would indicate that, originally the schedule land was granted to one Dasachar and Srinivasachar as per the Final Title Deed produced at Annexures 'B' and 'B1' on behalf of His Highness Maharaja of Mysore. The said grant was made subject to the payment of annual quit rent of Rs.10/-. It is also forthcoming from the writ petition that, as per the registered Sale Deed dated 08th October, 1912 (Annexure-C), four persons have purchased the schedule land and same was the subject matter in Original Suit No.428/2014 and as per the compromise decree dated 07th November, 2019 (Annexure-K) the dispute was resolved with regard to title to the schedule property. 7. In respect of the contentions raised by the learned Additional Government Advocate that the subject land is Forest Land/Deemed Forest, I have carefully examined the averments made in the statement of objections and the documents annexed therein, which makes it clear that there is no appropriate notification issued by the respondent-State to - 8 - HC-KAR NC: 2025:KHC:29127 WP NO.6337 OF 2024 declare that the schedule land is Forest Land/Deemed Forest. In order to declare the land as a deemed forest or belongs to Department of Forest, there must be a notification issued under law by the respondent-Government and in the absence of the same, the arguments advanced by learned Additional Government Advocate cannot be accepted. It is also pertinent to mention here that, as per the proceedings dated 01st August, 1964 (Annexure-D) by the Government of Mysore, if the revenue land has been transferred to the Forest Department, a necessary notification has to be issued to transfer of such lands, however, in this regard on careful examination of the averments made in the statement of objections, I do not find any acceptable averment which clarify that there is a notification to declare the schedule land as a Forest Land/Deemed Forest belonging to the Department of Forest. In that view of the matter, the change of entries in Mutation as per letter order dated 11th July, 2023 (Annexure-A) is non-est and without any basis to cancel the earlier mutation entries made in favour for the petitioners. Therefore, I find force in the submission made by learned Senior Counsel appearing for petitioners. Accordingly, I pass the following: - 9 - HC-KAR NC: 2025:KHC:29127 WP NO.6337 OF 2024 O R D E R 1) Writ Petition is allowed; 2) Letter dated 11th July, 2023 (Annexure-A) issued by the respondent No.6 is hereby set- aside, consequently, the respondent No.4 is directed to enter the name of the petitioners herein in the revenue records in respect of the schedule land. 3) If the respondent-Government/Forest Department have any interest in respect of the schedule land based on the particular notification, it is open for the respondents 4 and 6 to conduct joint survey at the instance of the petitioners to demarcate the land belonging to petitioners from the claim made by the respondent No.6 as a forest land. Ordered accordingly. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 52