- 1 - HC-KAR NC: 2025:KHC:37239-DB WP No. 26911 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 26911 OF 2025 (GM-RES-PIL) BETWEEN: 1. SRI MOHAN PRABHU, S/O. SUBRAYA PRABHU AGED ABOUT 70 YEARS RESIDENT OF HIREMAKKI HOSAKULI POST HONNAVARA - 581 334. 2. RAMAKRISHNA HEGDE, S/O. SUBRAYA HEGDE AGED ABOUT 94 YEARS RESIDENT OF BANKANA HITHLU MUGWA POST HONNAVARA - 581 334. …PETITIONERS (BY SRI HEGDE S. RAMAKRISHNA, ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANASOUDHA BENGALURU - 560 001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HOFF) KARNATAKA FOREST DEPARTMENT ARANYABHAVAN, 18TH CROSS MALLESHWARAM, BENGALURU - 560 003. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37239-DB WP No. 26911 of 2025 3. THE CHIEF CONSERVATIVE OF FOREST KARWAR DISTRICT UTTARA KANNADA - 581 301. 4. THE RANGE FOREST OFFICER HONNAVARA TALUK, HONNAVARA DISTRICT UTTARA KANNADA - 5813 34. 5. THE DIVISIONAL FOREST OFFICER HONNAVAR DISTRICT UTTARA KANNADA - 581 334. 6. THE DEPUTY CONSERVATOR OF FORESTS HONNAVAR DIVISION HONNAVARA - 581 334. 7. THE DEPUTY COMMISSIONER NORTH CANARA DISTRICT KARWAR - 581 301. 8. THE ASSISTANT COMMISSIONER HONNAVAR SUBDIVISION HONNAVAR - 581 334. 9. THAHASILDAR HONNAVARA TALUK HONNAVAR - 581 334. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 9) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION), RULES 2018 PRAYING TO A WRIT OF MANDAMUS OR ANY OTHER ORDER/DIRECTION DIRECTING THE RESPONDENT NO.1 TO 6 TO STOP THE FOREST ACTIVITIES IN LAND SY.NO.86A OF HOSAKULI VILLAGE, HONNAVARA TALUK, UTTARAKANNADA DISTRICT & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37239-DB WP No. 26911 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present public interest litigation praying that direction be issued to respondent Nos.1 to 6 to stop the forest activities in the land comprising in Survey No.86A of Hosakuli Village, Honnavara Taluk, Uttara Kannada District. The petitioners also pray that directions be issued to respondent Nos.1 to 6 to remove the barbed wire fencing in the said land and also not to change the revenue entries in the RTC in respect to the said subject land. 2. The petitioners claim that the said land is a fallow land and it belongs to the Government. The facts as asserted in the petition indicate that the Forest Department claims that the subject land is a forest land. It is also stated in the petition that the Divisional Forest Officer had written a letter dated 16.11.2023 to the Deputy Commissioner to enter the subject land as forest land in the land records. - 4 - HC-KAR NC: 2025:KHC:37239-DB WP No. 26911 of 2025 3. The concerned authorities had considered the same and by the letter dated 11.01.2024, the Assistant Commissioner, Bhaktal Sub-Division, Bhatkal had directed the Tahsildar, Bhatkal and Honnavar to enter the subject land as forest land. 4. The learned counsel for the petitioners also submits that an affidavit had been filed by the State authorities before the Supreme Court in T.N. Godavarman Thirumulpad v. Union of India and others (W.P.(C)No.202/1995) excluding the subject land as deemed forest. He also contends that fencing the subject land would also impede the free movements of large animals. He submits that if a large predatory animal is pursuing a smaller animal, the fence would cause an obstruction and may eventually hurt the large animal. He also submits that notwithstanding the affidavit filed before the Supreme Court, the land records reflect that the subject land is the forest land. 5. It is evident from the record that the concerned authorities have examined the question whether the subject land is the forest land and after having concluded that it is a forest, commenced forest activities. The reply by the Range Forest Officer dated - 5 - HC-KAR NC: 2025:KHC:37239-DB WP No. 26911 of 2025 01.07.2024 to the President of the Village Panchayat, Hosakali explains as to how the subject land is a forest land. 6. In this view, we do not consider it apposite to pass any direction restraining the forest officials from continuing with the forest activities. The petition is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KPS List No.: 1 Sl No.: 13