- 1 - HC-KAR NC: 2025:KHC:51805 WP No. 9466 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 9466 OF 2023 (GM-FOR) BETWEEN: H K SURESH S/O LATE KENCHAPPA AGED ABOUT 51 YEARS AGRICULTURIST, R/O HARAMAGHATTA VILLAGE, HOLALURU-I HOBLI-577216 SHIVAMOGGA TALUK AND DISTRICT …PETITIONER (BY SMT. H.T. ANNAPURNA, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M S BUILDING, DR AMBEDKAR VEEDHI BENGALURU-560001 2. DISTRICT LEVEL FOREST RIGHTS COMMITTEE SHIVAMOGGA DISTRICT, SHIVAMOGGA REPRESENTED BY ITS CHAIRMAN THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577201 3. THE SUB DIVISIONAL FOREST RIGHTS COMMITTEE Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51805 WP No. 9466 of 2023 SHIVAMOGGA SUB DIVISION, SHIVAMOGGA REPRESENTED BY ITS CHAIRMAN THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION, SHIVAMOGGA-577201 4. THE HARAMAGHATTA VILLAGE FOREST RIGHTS COMMITTEE HOLALURU HOBLI, SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT-577201 REPRESENTED BY ITS CHAIRMAN 5. SRI KALLESHWARA AND ANJANEYA SWAMY SEVA SAMITHI HARAMGHATTA REPRESENTED BY ITS CHAIRMAN, SRI SHASHIKANTHA S/O RANGAPPA AGED ABOUT 52 YEARS, R/O SOMINAKOPPA HOLALURU HOBLI, SHIVAMOGGA TALUK AND DISTRICT-577202 6. THE TAHASILDHAR SHIVAMOGGA TALUK SHIVAMOGGA -577201 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3 AND R6 R4 - SERVED UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 30.01.2023 PASSED BY THE R-2 IN PRODUCED AS PER ANNX-N TO THE WPCOST OF THIS PETITIONGRANT AN INTERIM ORDER TO STAYING THE OPERATION AND IMPLEMENTATION OF THE ORDER DTD 30.01.2023 PASSED BY - 3 - HC-KAR NC: 2025:KHC:51805 WP No. 9466 of 2023 THE R-2 IN CASE AND ALL FURTHER PROCEEDINGS PURSUANT THERETO PRODUCED AS PER ANNX-N AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard learned counsel appearing for the parties. 2. In this writ petition, the petitioner is assailing the order dated 30.01.2023 (Annexure-N) passed by respondent no.2. 3. It is the case of the petitioner that respondent no.2 has resolved forest rights in favour of the petitioner in respect of the 4 acres 18 guntas of land in Sy.No.38 of Haramaghatta village and forest rights over the same were granted under the provisions of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. 4. Having taken note of the submission made by the counsel appearing for the parties and the finding recorded by the competent authority, it would indicate that the petitioner has 5 acres 5 guntas of land, which is a Hiduvali land and the same was suppressed by the petitioner while making an - 4 - HC-KAR NC: 2025:KHC:51805 WP No. 9466 of 2023 application seeking the rights over the land from the Forest Department. 5. In that view of the matter, taking into consideration the finding recorded by respondents no.2 and 3, I am of the view that there is no infirmity in the order dated 30.01.2023 passed by the competent authority. Accordingly, the writ petition is hereby dismissed. In view of dismissal of the writ petition, all pending applications, if any, do not survive for consideration and stand disposed of. SD/- (E.S.INDIRESH) JUDGE HDK List No.: 1 Sl No.: 16