SMT. SUVARNA W/O BALAPPA BANNIKOPPA v. THE PRINCIPAL CHIEF CONSERVATOR FO FORESTS
WP/102149/2025 · 2025-07-18
Pradeep Singh Yerur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59956 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59956 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:8982 WP No. 102149 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102149 OF 2025 (S-RES)
BETWEEN:
1.
SMT. SUVARNA W/O. BALAPPA BANNIKOPPA, AGE: 60 YEARS, OCC: HOUSE WIFE, R/O. NAGARAL, TQ: MUDHOL, DIST: BAGALKOT-587313.
2.
SHRI BALAPPA S/O. SHIVAPPA BANNIKOPPA, AGE: 70 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: MUDHOL, DIST: BAGALKOT-587313. …PETITIONER (BY SRI. M.C. HUKKERI, ADVOCATE)
AND:
1.
THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (HEADS, FOREST FORCE) AND SELECTION AUTHORITY, 4TH FLOOR, ARANYA BHAVAN, MALLESHWARAM, BANGALORE-560003.
2.
CHIEF CONSERVATOR OF FORESTS, BELAGAVI CIRCLE, BELAGAVI-590001.
3.
DEPUTY CONSERVATOR OF FORESTS AND TECHNICAL ASSISTANT TO CONSERVATOR OF FORESTS, WORKING PLAN AND SURVEY, SHIVAMOGGA-577201.
4.
THE ZONAL FOREST OFFICERS, SAKBREBAILU WILDLIFE ZONE, GAJANURU, SHIVAMOGGA, DISTRICT SHIVAMOGGA, WORKING PLAN AND SURVEY SHIVAMOGGA-577201.
5.
DEPUTY CONSERVATOR OF FORESTS, BAGALKOT DIVISION, BAGALKOT-587101.
6.
THE REGIONAL FOREST OFFICE, HUNAGUND ZONE, BAGALKOT DIVISION, BELAGAVI CIRCLE.
VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2025:KHC-D:8982 WP No. 102149 of 2025
7.
DEPUTY CONSERVATOR OF FORESTS AND RECRUITING AUTHORITY, WILDFILED DIVISION, SHIVAMOGGA-577201.
8.
SMT. REKHA W/O. SANTOSH BANNIKOPPA, SECOND GRADE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HASSAN DIVISION, HASSAN-573201. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1-R7;
NOTICE TO R8 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS, THE FOLLOWING RELIEF TO ISSUE MANDAMUS BY DIRECTING THE RESPONDENTS NO.1, 3 AND 4 TO CONSIDER THE REPRESENTATIONS DATED ON 09-12-2024 VIDE ANNEXURE-J, K AND L AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
1. Learned AGA accepts notice on behalf of respondents No.1 to 7. 2. Heard the learned counsel for the petitioners and the learned AGA for the respondents No.1 to 7. 3. The petitioners have filed the present writ petition seeking issuance of a writ of Mandamus directing
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HC-KAR NC: 2025:KHC-D:8982 WP No. 102149 of 2025
Respondent Nos.1, 3, and 4 to consider the representations dated 09.12.2024 made by the petitioners regarding the death benefits and compensatory appointment relating to their deceased son Shri.Santosh Bannikoppa, who served as Forest Guard under Respondent No.7 and passed away in a road traffic accident. 4. The petitioners, who are the parents of deceased Santosh Bannikoppa, contend that their son was appointed as Forest Guard in the Forest Department, had completed training and was discharging his duties when he unfortunately met with a fatal road accident, leaving behind his aged parents and wife. 5. It is the grievance of the petitioners that the respondent No.8, being the wife of the deceased Santosh Bannikoppa, has allegedly obtained a living certificate and residential certificate from the Deputy Tahsildar by suppressing material facts and has further received
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HC-KAR NC: 2025:KHC-D:8982 WP No. 102149 of 2025
monetary benefits and a compensatory appointment in the Forest Department behind the back of the petitioners. 6. The petitioners further contend that they have submitted several representations to the competent authorities under the Forest Department, including Respondent Nos.1, 3 and 4 dated 09.12.2024 (Annexures J, K, and L), seeking information regarding the service benefits, life insurance claim and the status of the compensatory appointment. Despite receipt of such representations, the concerned respondents have not taken any action and have failed to provide any communication or response, which has caused grave injustice and hardship to the petitioners, who are elderly and dependent. 7. The learned counsel for the petitioners submits that the inaction on the part of the respondents in not considering the representations submitted by the petitioners is arbitrary and violative of principles of natural
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HC-KAR NC: 2025:KHC-D:8982 WP No. 102149 of 2025
justice and prays that a direction be issued to the respondents to consider the same within a stipulated period. 8.
The learned AGA submits that the representations made by the petitioners will be considered by the concerned respondents, if reasonable time is granted. 9. Having heard the learned counsel for the petitioners and the learned AGA and upon perusal of the records, it is evident that the representations dated 09.12.2024 (Annexures J, K and L) submitted by the petitioners are still pending
consideration. In the circumstances, this Court is of the considered view that the respondents are required to consider such representations in accordance with law and pass appropriate orders thereon.
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HC-KAR NC: 2025:KHC-D:8982 WP No. 102149 of 2025
10. In the light of the above
facts and circumstances, I pass the following:
ORDER (i) The writ petition is allowed. (ii) A writ of Mandamus is hereby issued directing Respondent Nos.1, 3 and 4 to consider the petitioners’ representations dated 09.12.2024 (Annexures J, K and L) and pass appropriate orders in accordance with law, after providing an opportunity of hearing to the petitioners within an outer limit of six (6) weeks from the date of receipt of a certified copy of this order. (iii) It is made clear that this Court has not expressed any opinion on the merits of the claim made by either party and it is for the competent authorities to independently verify the documents, conduct due enquiry
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HC-KAR NC: 2025:KHC-D:8982 WP No. 102149 of 2025
as required under law and take an appropriate decision in accordance with law. (iv) If the representations are found to be genuine and tenable, the respondents shall proceed to extend the admissible death benefits and take necessary steps regarding the compensatory appointment in accordance with the applicable rules, policies and prevailing law. (v) Liberty is reserved to the petitioners to seek appropriate legal remedies, if they are aggrieved by the orders to be passed by the respondents.
Sd/- (PRADEEP SINGH YERUR) JUDGE
RHR/- CT-MCK List No.: 1 Sl No.: 59