- 1 - HC-KAR NC: 2025:KHC:44786 WP No. 25097 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 25097 OF 2025 (KLR-RES) BETWEEN: SMT. K B HEMAVATHY W/O LATE BALAKRISHNA AGE ABOUT 59 YEARS, KANDADKA HOUSE, AMARAMUDNOOR VILLAGE, SULLIA TALUK, DAKSHINA KANNADA- 574248 …PETITIONER (BY SRI. GOVINDARAJU K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY , DEPARTMENT OF REVENUE, M S BUILDINGS, BENGALURU- 560001 2. STATE OF KARNATAKA MINISTRY OF FOREST, VIDHANA SOUDHA BENGALURU - 560001,REP BY ITS SECRETARY 3. DEPUTY COMMISSIONER DAKSHINA KANANDA DISTRICT MANGALORE - 575001 4. ASSISTANT COMMISSIONER PUTTURU SUB DIVISION, DAKSHINA KANNADA DISTRICT - 574201 5. THE TAHSILDAR, SULLIA TALUK, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44786 WP No. 25097 of 2025 DAKSHINA KANNADA DISTRICT - 574239 6. THE REVENUE INSPECTOR SULLIA HOBLI, SULLIA TALUK DAKSHINA KANNADA - 574239 7. CHIEF CONSERVATOR OF FOREST DAKSHINA KANNADA DISTRICT, MANGALORE - 574239 8. THE RANGE FOREST OFFICER JALSOOR RANGE, PUTTUR FOREST RANGE OFFICER, OPP TO KSRTC BUS STAND, PUTTUR TALUK D K DISTRICT- 574201 9. THE RANGE FOREST OFFICER SULLIA RANGE, SULLIA TALUK, DAKSHINA KANNADA - 574239 …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER THE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION TO RESPONDENT NO. 7, 8 AND 9 TO ISSUE NOC TO RESPONDENT NO.5, THE TAHSILDAR FOR REMOVAL THE ENTRY OF FOREST IN COLOMN NO.9 OF RTC IN RESPECT OF LAND IN SY.NO. 203/1A2A1 MEASURING 1.63 ACRE SITUATED AT AMARAMUDNOOR VILLAGE, SULLIA TALUK, DAKSHINA KANNADA AS PER ENDORSEMENT DATED 23/12/2021 ISSUED BY THE RESPONDENT NO.5 VIDE ANNEXURE-L., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:44786 WP No. 25097 of 2025 ORAL ORDER The petitioner has sought for issuance of writ in the nature of mandamus to direct the respondents No. 7, 8 and 9 to issue NOC to respondent No.5, the Tahasildar for removal of entry of Forest in column no.9 of RTC in respect of land in Sy.No.203/1A2A1 measuring 1.63 Acre. 2. The Petitioner has also sought for a direction to respondent no.5 to consider representation dated 27.12.2024 to change the mutation entries and issue revenue records reflecting the property of the petitioner measuring an extent of 1.63 acres in Survey No. 203/1A 2A1. 3. The Petitioner has also sought for implementation of the order dated 28.04.2015 passed by the Assistant Commissioner. 4. The facts that are made out are that, the petitioner has sought for regularisation of unauthorised occupation. The committee has considered application of - 4 - HC-KAR NC: 2025:KHC:44786 WP No. 25097 of 2025 the petitioner filed in Form No.53 and has resolved for regularisation of unauthorised cultivation of the petitioner. 5. Pursuant to the said decision, it is stated that Saguvali Chit had been issued. But however, revenue entries were not made out in the name of the petitioner. The petitioner subsequently had approached the Assistant Commissioner, in Case No.CDS.R.E.V.S.R. No. 261/14-15, which was disposed of on 28.04.2015, wherein, there was a direction to effect entries in Phani as regards to land granted to the petitioner. 6. The petitioner submits that the stand of the respondents was that it was a part of the reserved forest. This Court by order dated 09.09.2025, had noticed that the order passed by the Assistant Commissioner at Annexure-D, in which, it was observed that the Tahasildar, was required to conduct a joint survey in presence of Forest Officials to find out as to whether the lands in question where forest lands or not. - 5 - HC-KAR NC: 2025:KHC:44786 WP No. 25097 of 2025 7. The learned Additional Government Advocate has filed before the Court the joint survey report of the Tahasildar and the Range Forest Officer. The survey report is annexed along with the sketch. Survey report is clear and observes that the property of the petitioner that was granted of 1.63 acres is a part of Survey No. 203. It is further clear from the said report that Survey No.203 is 700 metres away from the reserved forest. It is clarified in the report that there is no forest land in Survey No. 203. The report also specifically states that the reference in column 9 that the land in 203 as forest land, is a wrong entry. The report makes a specific mention that petitioner is in possession of 1 acre 39 guntas while remaining 24 guntas appears to have been left for road. The petitioner asserts that the road referred to is a private road leading to his property. 8. Insofar as the grievance of the petitioner is concerned, the revenue authorities are now directed to take note of the report of the Tahasildar dated 09.10.2025 - 6 - HC-KAR NC: 2025:KHC:44786 WP No. 25097 of 2025 along with the joint survey report enclosed along with the sketch. The contents of the sketch and the report are self- explanatory. The necessary steps now to be taken to make appropriate revenue entries as regards the land granted to the petitioner in Survey No. 203/1A 2A1. 9. It is made clear that necessary steps to make entries in the revenue records to be completed within 2 months from date of receipt of certified copy of the order while making it clear that no fresh issues to be raised as an obstacle in light of the detailed report of the Tahasildar as well as joint survey report done in the presence of the Forest Officials. 10. Accordingly, the writ petition stands disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE HR