- 1 - HC-KAR NC: 2025:KHC:52504 WP No. 37255 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37255 OF 2025 (GM-FOR) BETWEEN: SRI. S. MALLIKARJUNAIAH S/O.SIDDAIAH, AGED ABOUT 63 YEARS, BELLARA VILLAGE, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT - 572 218. …PETITIONER (BY SRI. A. NAGARAJAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, ENVIRONMENTAL AND ECOLOGY, KARNATAKA GOVERNMENT SECRETARIAT, MULTISTOREYED BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE PRINCIPAL CONSERVATOR OF FOREST IN KARNATAKA ARANYA BHAVAN, MALLESHWARAM, BENGALURU - 560 003. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52504 WP No. 37255 of 2025 3. THE AUTHORISED OFFICER-CUM- ASSISTANT CONSERVATOR OF FOREST, TIPTUR SUB-DIVISION, TIPTUR, TUMKUR DISTRICT - 572 201. 4. THE FOREST RANGE OFFICER BUKKAPATNA RANGE, BUKKAPATNA, SIRA TALUK, TUMKUR DISTRICT - 572 137. 5. THE ENQUIRY OFFICER-CUM- ASSISTANT CONSERVATOR OF FOREST, TIPTUR (REGION) SUB-DIVISION, TIPTUR - 572 201. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R1 TO R5) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES MARKED AT ANNEXURE-F, F1, F2 ISSUED BY THE RESPONDENT-AUTHORISED OFFICER-CUM-ASSISTANT CONSERVATOR OF FOREST, TIPTUR DIVISION, TIPTUR, (RESPONDENTS 3 AND 5 RESPECTIVELY) IN NO.SA.A.SUM. OTTUVARI. VICHARANE 64A :CR: 2025-26 DATED 28.10.2025 MARKED AT ANNEXURE-F, 2ND NOTICE DATED 18.11.2025 MARKED AT ANNEXURE-F1 ISSUED BY THE 5TH RESPONDENT AND ALSO THE FINAL NOTICE ISSUED BY THE 5TH RESPONDENT DATED 27.11.2025 MARKED AT ANNEXURE-F2, ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:52504 WP No. 37255 of 2025 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 5. 2. Petitioner is before this Court seeking for the following reliefs: "a) Issue an order or direction or writ in the nature of writ of certiorari quashing the Notices marked at Annexure-F, F1,F2 issued by the Respondent-Authorised Officer-cum- Assistant Conservator of Forest, Tiptur Division, Tiptur (Respondents 3 & 5 respectively) in No.Sa.A. Sum. Ottuvari. Vicharane:64A:CR;2025-26 dated 28.10.2025 marked at Annexure F, 2nd notice dated 18.11.2025 marked at Annexure-F1 issued by the 5th respondent and also the final Notice issued by the 5th respondent dated 27.11.2025 marked at Annexure F2. b) Issue any order or orders as deems fit and proper, in the circumstances of the case, including the cost of the proceedings." 3. There is no dispute about the land of the petitioner being a forest land. The only contention of the learned counsel for the petitioner is that the Forest Department had released 1,325 acres of land in favour of the Horticulture Department for - 4 - HC-KAR NC: 2025:KHC:52504 WP No. 37255 of 2025 establishing a Progeny Orchard and thereafter the said land has been granted in favour of the petitioner and several others. 4. Insofar as the grant is concerned, the grant having been cancelled, the same was under challenge in Writ Petition No.35418/2025 (KLR-RES) and Writ Petition No.35400/2025(KLR-LG). The said writ petitions were disposed of on 02.12.2025, directing the respondents therein which includes the Range Forest Officer at respondent No.5 to conduct an enquiry, provide an opportunity to the petitioner of being heard, and take decisions thereon. 5. Such being the case, until the enquiry, as directed in the aforesaid writ petitions is completed, the question of the respondents initiating proceeding under Section 64A of the Forest Act, would not arise. 6. As such I pass the following: - 5 - HC-KAR NC: 2025:KHC:52504 WP No. 37255 of 2025 ORDER (i) Writ petition is allowed. (ii) A certiorari is issued. Impugned notice dated 28.10.2025 at Annexure F, 2nd Notice dated 18.11.2025 at Annexure F1 and final Notice dated 27.11.2025 at Annexure F2, issued by the 3rd and 5th respondents, are quashed. (iii) Liberty is reserved to the respondents to initiate such action as may be available to them on the culmination of the enquiry to be conducted in pursuance of the order dated 02.12.2025 in Writ Petition No.35418/2025(KLR-RES) and Writ Petition No.35400/2025(KLR-LG). SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 35