- 1 - NC: 2025:KHC-D:1153 WP No. 75047 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 75047 OF 2013 (GM-FOR) BETWEEN: 1. PARASHURAM S/O. YESHWANT WADDAR @ NIPPANIKAR AGE: 40 YEARS, OCC: AGRICULTURE, R/O. GODHOLI, TQ: KHANAPUR, DIST: BELGAUM. 2. SANTOSH S/O. YESHWANT WADDAR @ NIPPANIKAR, AGE: 31 YEARS, OCC: AGRICULTURE, R/O. GODHOLI, TQ: KHANAPUR, DIST: BELGAUM. 3. SMT. VAISHALI W/O. BALAKRISHNA PATIL, AGE: 29 YEARS, OCC: AGRICULTURE, R/O. TAVARAGATTI, TQ: KHANAPUR, DIST: BELGAUM. 4. SURESH S/O. RUKUMANNA PATIL, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. TAVARAGATTI, TQ: KHANAPUR, DIST: BELGAUM. 5. MAHESH T PATIL (MAHESH GUNDU GHADI) AGE: 61 YEARS, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:1153 WP No. 75047 of 2013 OCC: AGRICULTURE, R/O. TAVARAGATTI, TQ: KHANAPUR, DIST: BELGAUM. 6. AMAR S/O MAHADEV WADDAR @ NIPPANIKAR, AGE. 25 YEARS, OCC. AGRICULTURE, R/O. GODHOLI, TQ. KHANAPUR, DT. BELAGAUM. …PETITIONERS (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. THE ASSISTANT CONSERVATOR OF FOREST NAGARALI SUB DIVISION, NAGARGALI, TQ: KHANAPUR, DIST: BELGAUM. 2. THE CHIEF CONSERVATOR OF FOREST BELGAUM CIRCLE, BELGAUM. 3. THE TAHSILDAR KHANAPUR, TQ: KHANAPUR, DIST. BELGAUM. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO: A. SET ASIDE ORDER DATED:08/07/2010 VIDE ANNEXURE-F PASSED BY THE RESPONDENT NO.1 AND ORDER DATED:03/12/2012 VIDE ANNEXURE-H PASSED BY THE RESPONDENT NO.2 AS A NULL AND VOID. B. ISSUE A WRIT IN THE NATURE OF MANDAMUS TO RESPONDENT NO.3 TO PASS APPROPRIATE ORDER ON APPLICATION OF PETITIONERS WHICH ARE PRODUCED AS ANNEXURES-D, D1 TO D4, DATED:26/02/2004 AND PASS THE APPROPRIATED ORDER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:1153 WP No. 75047 of 2013 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1) The petitioner is before this Court calling in question and ordered 08.07.2010 by which the respondent department claims the land that is allegedly cultivation to be reserved forest area. 2) Heard the learned counsel Sri.Dinesh M. Kulkarni appearing for petitioner and learned counsel Sri.Sharad V. Magadum-AGA appearing for respondents. 3) Facts in brief germane are as follows: The history of the subject property, which the petitioners are said to be in cultivation. Dates back to 15.08.1935 when the land was forfeited and the name of the Government was entered on account of non-payment of certain dues. In the year 1964-1965 the land was notified as a reserve forest area and the petitioners since then have been in cultivation of the said land. On 08.07.2010 an order comes to be passed the impugned - 4 - NC: 2025:KHC-D:1153 WP No. 75047 of 2013 order herein directing eviction of these petitioners on the score that they have encroached upon the reserved forest land. The petitioners then file Writ Petition No.65477/2011 challenging the order of eviction which comes to be allowed and a direction is issued to the respondent to the petitioners to approach the appropriate authority. The Court then extends time also to prefer an appeal. The issue now would be whether the land that the petitioners are said to be in cultivation from 1964 i.e. belonging to the forest or the petitioners are in unauthorised occupation of a forest land is what is required to be determined. The determination would require a survey and the survey to be done in the presence of the petitioners. 4) The learned AGA would submit that if reasonable time is granted a survey of the land in which the petitioners are in cultivation would be conducted in their presence with the coordination with other departments of the State and a report to that effect would be communicated to the petitioner. - 5 - NC: 2025:KHC-D:1153 WP No. 75047 of 2013 5) In the light of the said submission and dispute being whether the petitioners are in cultivation of the cultivation/encroachment of forest land the survey becomes imperative for such determination at the hands the respondent-State. 6) In that light, I deem it appropriate to dispose the petition directing the State to conduct a joint survey of the land that is in cultivation by the petitioners in the presence of the petitioners and draw a report and communicate the said report to the petitioner. 7) In the light of the interim order subsisting in case at hand the same shall continue till the report is communicated to the petitioners. 8) At this juncture the learned counsel Dinesh M. Kulkarni submits that their applications are pending before the Deputy Commissioner seeking regularisation of their unauthorised occupation. Learned AGA submits that it is 15 years ago that the representation was given. If a fresh - 6 - NC: 2025:KHC-D:1153 WP No. 75047 of 2013 representation is submitted by the petitioners the same would be considered in accordance with law and necessary orders would be passed and communicated to them. 9) Therefore for the aforesaid reasons the following: ORDER a) The order dated so and so stands quashed. b) The respondent-State with the coordination of other authorities shall conduct a joint survey of the property of the land that is said to be in cultivation of the petitioners in the presence of the petitioners. c) The petitioners are at liberty to submit application seeking regularization fresh application of unauthorised occupation. d) The application shall be preferred within 8 weeks from the date of receipt of the copy of the order. In the event the application is preferred the State shall pass necessary - 7 - NC: 2025:KHC-D:1153 WP No. 75047 of 2013 orders within 12 weeks without reference to delay and communicate the same to the petitioners. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 2