- 1 - HC-KAR NC: 2025:KHC-D:9660 WP No. 101189 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101189 OF 2025 (GM-FOR) BETWEEN: MADHUKESHWAR S/O. GOPAL HEDGE, AGED ABOUT 72 YEARS, OCC. AGRICULTURE, RESIDING AT #88, KESHINMANE VILLAGE, HULAGOL POST, SIRSI TALUK, UTTARA KANNADA DISTRICT-581402. REP. BY HIS GPA HOLDER. BALACHANDRA MADHUKESHWAR HEGDE S/O MADHUKESHWAR HEDGE, AGE: 37 YEARS, OCC. AGRICULTURE, R/O. KESHINMANE VILLAGE, HULAGOL POST, SIRSI TALUK, UTTARA KANNADA DISTRICT-581402. …PETITIONER (BY SRIYUTHS. NANDISH PATIL, RAMACHANDRA V. BHAT, ADVOCATES) AND: 1. ASSISTANT CONSERVATOR OF FORESTS, SIRSI SUB DIVISION, TALUK: SIRSI, UTTARA KANNADA DISTRICT-581401. 2. THE ASSISTANT COMMISSIONER AND CHAIRMAN, SUB-DIVISIONAL FOREST RIGHTS COMMITTEE, TALUK: SIRSI, UTTARA KANNADA DISTRICT-581401. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9660 WP No. 101189 of 2025 3. ASSISTANT DIRECTOR (GRADE-II) SOCIAL WELFARE DEPARTMENT, MINI VIDHANA SOUDHA, TALUK: SIRSI, UTTARA KANNADA DISTRICT-581401. 4. RANGE FOREST OFFICER HULEKAL DIVISION, HULEKAL, TALUK: SIRSI, UTTARA KANNADA DISTRICT-581336. 5. PANCHAYATH DEVELOPMENT OFFICER BHAIRUMBE GRAM PANCHAYATH, TALUK: SIRSI, UTTARA KANNADA DISTRICT-581402. 6. VILLAGE ADMINISTRATIVE OFFICER DEPARTMENT OF REVENUE, BHAIRUMBE GRAM PANCHAYATH, TALUK: SIRSI, UTTARA KANNADA DISTRICT-581402. 7. THE CHAIRMAN VILLAGE FOREST RIGHTS COMMITTEE, HULAGOL, HULAGOL POST, TALUK: SIRSI, UTTARA KANNADA DISTRICT-581402. 8. THE SECRETARY VILLAGE FOREST RIGHTS COMMITTEE, HULAGOL, HULAGOL POST, TALUK: SIRSI, UTTARA KANNADA DISTRICT-581402. …RESPONDENTS (BY SRIYUTHS. T. HANUMAREDDY, HCGP FOR R1 TO R4; S.V.YAJI, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLS 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT/SHARA PASSED BY RESPONDENT NO.3 TO 8 IN THE GPS MAP DATED: NIL, BRG.NO.: NIL VIDE ANNEXURE-G IN THE INTEREST OF JUSTICE AND EQUITY. B. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE - 3 - HC-KAR NC: 2025:KHC-D:9660 WP No. 101189 of 2025 RESPONDENTS NO.1 TO 8 TO PERMIT THE PETITIONER TO CULTIVATE THE LAND TO AN EXTENT OF 3 ACRES IN SY.NO.124 OF HULAGOL VILLAGE, HULEKAL HOBLI, SIRSI TALUK IN THE INTEREST OF JUSTICE AND EQUITY. C. ISSUE SUCH OTHER SUITABLE ORDER/S OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE NATURE AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 4. Learned counsel Sri.S. V. Yaji, is directed to accept notice for respondent No.5. 2. The petitioner is before this Court seeking for the following reliefs: A. Issue Writ In the nature of certiorari quashing the impugned endorsement/Shara passed by respondent No.3 to 8 in the GPS map dated: NIL, Brg.No.: NIL vide ANNEXURE-G in the interest of justice and equity. B. Issue Writ in the nature of mandamus directing the Respondents No.1 to 8 to permit the petitioner to cultivate the land to an extent of 3 Acres in Sy.No.124 of Hulagol Village, Hulekal Hobli, Sirsi Taluk in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:9660 WP No. 101189 of 2025 C. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 3. The only grievance of the petitioner is that, in the GPS map which has been issued, there is an endorsement made that the petitioner is not in possession, occupation, or enjoyment of the subject property, and as such, he submits that this endorsement is likely to adversely affect the petitioner in an appeal filed and pending before respondent No.*2 Committee. 4. The issue as regards whether the petitioner is in unauthorised possession or not, is required to be determined by the Committee independently, and by issuance of the endorsement at Annexure-G, the said right of the petitioner cannot be foreclosed. 5. In that view of the matter, I pass the following: ORDER i. Writ Petition is partly allowed. * Corrected vide Court order dated 22.082025. Sd/- (SGRJ) - 5 - HC-KAR NC: 2025:KHC-D:9660 WP No. 101189 of 2025 ii. Respondent * No.2 shall consider the appeal of the petitioner without being influenced by the endorsement made in Annexure-G. iii. Needless to say, the earlier order passed in W.P. No.107145/2023 shall continue to operate. Sd/- (SURAJ GOVINDARAJ) JUDGE GAB CT:PA LIST NO.: 1 SL NO.: 4 * Corrected vide Court order dated 22.08.2025. Sd/- (SGRJ)