- 1 - HC-KAR NC: 2025:KHC:50100 WP No. 35418 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 35418 OF 2025 (KLR-RES) BETWEEN: 1. SMT GEETA Y D/O YELLAPPA, AGED ABOUT 42 YEARS, BELLARA HULIYAR HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT-572 218. … PETITIONER (BY SRI. A. NAGARAJAPPA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, KARNATAKA GOVERNMENT SECRETARIAT, MULTISTOREYED BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER TIPTUR SUB-DIVISION, TIPTUR, TUMKUR DISTRICT-572 201. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50100 WP No. 35418 of 2025 3. THE TAHSILDAR, CHIKKANAYAKANAHALLI TALUK, CHIKKANAYAKANAHALLI, TUMKUR DISTRICT-560 035. 4. THE TAHSILDAR, TIPTUR TALUK, TIPTUR, TUMKUR DISTRICT-572 201. 5. THE RANGE FOREST OFFICER, BUKKAPATNA RANGE BUKKAPATNA REGIONAL, BUKKAPATNA, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT-560 035. … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE ORDER DATED 03.10.2025 PASSED BY THE ASSISTANT COMMISSIONER-3RD RESPONDENT IN NO.LND/49/LND/119/2021 IN SO FAR AS THE PETITIONER IS CONCERNED, WHO IS A RESPONDENT NO.3 BEFORE THE ASSISTANT COMMISSIONER IN RESPECT OF THE LANDS TO AN EXTENT OF 4 ACRES 38 GUNTAS IN SURVEY NO.31/1 OF CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT, HULIYAR HOBLI, MUTHUGADAHALLI VILLAGE, MARKED AT ANNEXURE-J IN SO FAR AS PETITIONER CONCERNED AND ETC. THIS PETITION COMING ON FOR FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:50100 WP No. 35418 of 2025 ORAL ORDER Petitioner has called in question the correctness of the order passed by the Assistant Commissioner at Annexure-J. 2. In terms of the order at Annexure-J, the Assistant Commissioner has made certain observations and concluded that the power of cancellation of grant is available under Rule 25(1) of the Karnataka Land Grant Rules, 1969 and has directed a report to be submitted to the Assistant Commissioner while prohibiting any further durast. 3. Learned High Court Government Pleader submits that the order at Annexure-J is not a conclusive order and is only a proceeding in aid of contemplated action. It is further submitted that in order to identify whether the land is forest land or not, a survey would be conducted on 10.12.2025. It is further submitted that it is only after the report is prepared pursuant to the survey - 4 - HC-KAR NC: 2025:KHC:50100 WP No. 35418 of 2025 and in the event there is any violation, same would be forwarded to the competent authority to take action. It is also stated that due procedure as mandated under law would be strictly adhered to insofar as the petitioner is concerned. 4. Noticing the stand of the learned High Court Government Pleader while clarifying that the findings in Annexure-J are not to be treated as conclusive findings, the petition is disposed of as not calling for adjudication. All contentions of the petitioner as regards the order at Annexure-J are kept open. Petitioner to be present at the site on 10.12.2025 at 11.30 a.m. In light of the stand of the learned High Court Government Pleader, any further proceedings pursuant to the survey is to be done strictly in accordance with law after affording an opportunity to the petitioner to put forth his case. Further, any action to be taken by the - 5 - HC-KAR NC: 2025:KHC:50100 WP No. 35418 of 2025 respondents is only after an order is passed. Till such time, no precipitative action to be taken. Sd/- (S SUNIL DUTT YADAV) JUDGE VP