- 1 - HC-KAR NC: 2025:KHC:27881 WP No. 9910 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9910 OF 2021 (GM-FOR) BETWEEN: 1. SRI NAVEEN S AGE ABOUT 59 YEARS S/O LATE SREENIVAS ACHAR T 2. SMT ASHA NAVEEN AGE ABOUT 55 YEARS W/O NAVEEN S BOTH ARE RESIDING AT NO 403 MARVEL SPRINGS APARTMENT OPP SECRET OF BANGALORE R R NAGAR, BANGALORE - 560098 …PETITIONERS (BY SMT. SHARADI S. SHETTY., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560001 2. DEPUTY CONSERVATOR OF FORESTS BANGALORE URBAN DIVISION ARANYA BHAVAN CAMPUS 18TH CROSS MALLESHWARAM BENGALURU - 560003 3. RANGE FOREST OFFICER ZONAL FOREST OFFICE KAGGALIPURA ZONE KAGGALIPURA RAMANAGARA DISTRICT – 571120 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27881 WP No. 9910 of 2021 4. BENGALURU DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER 5TH MAIN ROAD, KUMARA PARK WEST GUTTAHALLI BENGALURU - 560020 5. BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER HUDSON CIRCLE BENGALURU - 560002 6. DEPUTY RANGE FOREST OFFICER UTTARAHALLI SECTION KAGALLIPURA RANGE KAGGALIPURA RAMANAGARA DISTRICT - 571120 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1-R3 & R6; SMT. SINCHANA M.R., ADVOCATE FOR R5; SRI. KRISHNA K., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR APPROPRIATE WRITS OR ORDERS QUASHING THE MAHAZAR DATED 27.12.2019 PREPARED BY DEPUTY RANGE FOREST OFFICER, UTTARAHALLI SECTION, KAGGALIPURA RANGE / R6 VIDE ANNEXURE-K1 IN SO FAR AS THE SCHEDULE PROPERTY ON THE PETITIONERS CONCERNED AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; a. Writ or certiorari or appropriate writs or orders quashing the Mahazar dated 27.12.2019 prepared by Deputy Range Forest officer, Uttarhalli Section, Kaggalipura Range/ Respondent No.6 vide Annexure-K1 in so far as the schedule property on the petitioners concerned; - 3 - HC-KAR NC: 2025:KHC:27881 WP No. 9910 of 2021 b. Writ of certiorari on appropriate writs or orders quashing the criminal case in FOC No.29/2019-20 under sections 24(g), 24(gg), 73(d), 78, 81 and 104 of the Karnataka Forest Act, 1963 and Section 2(a) of the Forest Conservation Act, 1980 registered by Range Forest Officer, Uttarahalli Section, Kaggalipura Range/Respondent No.3 vide Annexure-K in so far as the Schedule property of the petitioners is concerned. c. Appropriate writs or orders restraining the respondents from causing any interference to the petitioners in their peaceful possession and enjoyment of the Schedule Property acquired by them as per registered sale deed dated 05.03.2020 vide Annexure-A; d. Issue appropriate writs and directions, directing the forest officials/R2 and R3 to pay proper compensation to the petitioners for their suffering on account of high handed acts and unlawful interference by respondents No.2 and 3 as mentioned above and e. Grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity. 2. During the pendency of the above matter, this Court has directed the ADLR with the assistance of the concerned officer of the Forest Department to carry out a survey of the forest land as well as the property of the petitioner. 3. In pursuance thereof, the survey report has been furnished, which indicates that the land of the petitioner is not within the forest area. - 4 - HC-KAR NC: 2025:KHC:27881 WP No. 9910 of 2021 4. In that view of the matter, the proceedings which have been initiated by respondents against the petitioner cannot be sustained. As such, I pass the following; ORDER i. The writ petition is allowed. ii. A certiorari is issued, the Mahazar dated 27.12.2019 passed by respondent No.5 at Annexure-K1, the Criminal case in FOC No.29/2019-20 passed by respondent No.3 at Annexure-L are hereby quashed. iii. The Respondents shall not interfere with the possession of the property covered under the registered sale deed dated 25.03.2013 at Annexure-A. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 0 *Page No. 4 is retyped and replaced vide Court order dated 03.11.2025