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2025 DAILYLAW 75489 (KAR)

SRI. MUNIYAMMA v. STATE OF KARNATAKA

WP/13278/2023 · 2025-12-10

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52300 WP No. 13278 of 2023 C/W WP No. 13361 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 13278 OF 2023 (GM-FOR) C/W WRIT PETITION NO. 13361 OF 2023 (GM-FOR) IN WP No. 13278/2023 BETWEEN: 1. SRI. MUNIYAMMA W/O LATE MUNIYAPPA AGED ABOUT 80 YEARS, R/AT CHOKKANADANAHALLI JANGAMAKOTE VILLAGE, SIDDLAGHATTA TALUK, CHIKKABALLAPURA - 562 105. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. MALLIKARJUN N K, ADVOCATE FOR SRI. SAMPATH A, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY M.S. BUILDING BANGALORE - 560 001. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52300 WP No. 13278 of 2023 C/W WP No. 13361 of 2023 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, ARANYA BHAVANA, 18TH CROSS MALLESHWARAM BANGALORE - 560 003. 3. DEPUTY CONSERVATOR OF FORESTS SIDDLAGHATHA DIVISION, CHIKKABALLAPUR DISTRICT - 562 105. 4. ASSISTANT CONSERVATOR OF FORESTS SIDDLAGHATHA DIVISION, CHIKKABALLAPUR DISTRICT - 562 105. 5. RANFE FOREST OFFICER SIDDLAGHATHA DIVISION, CHIKKABALLAPUR DISTRICT - 562 105. 6. ASSISTANT DIRECTOR OF LAND RECORD CHIKKABALLAPUR DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS CHIKKABALLAPUR SUB-DIVISION CHIKKABALLAPUR 7. DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WP FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAINING THE RESPONDENTS FROM INTERFERING WITH THE POSSESSION - 3 - HC-KAR NC: 2025:KHC:52300 WP No. 13278 of 2023 C/W WP No. 13361 of 2023 OF THE SCHEDULE PROPERTY BY THE PETITIONR WITHOUT INITIATING APPROPRIATE PROCEEDINGS AND ETC., IN WP NO. 13361/2023 BETWEEN: 1. SRI. RAMAPPA S/O LATE RAMAIAH AGED ABOUT 65 YEARS R/AT CHENNAHALLI, CHIKAJALA POST, YELAHNAKA TALUK BENGALURU NORTH - 562 157. (SENIOR CITIZEN BENEFIT NOT CLAIMED) ...PETITIONER (BY SRI. MALLIKARJUN N K, ADVOCATE FOR SRI. SAMPATH A, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY M S BUILDING BANGALORE - 560001 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS ARANYA BHAVANA 18TH CROSS, MALLESHWARAM, BANGALORE - 560 003. 3. DEPUTY CONSERVATOR OF FORESTS SIDDLAGHATHA DIVISION, CHIKKABALLAPUR DISTRICT - 562 105. - 4 - HC-KAR NC: 2025:KHC:52300 WP No. 13278 of 2023 C/W WP No. 13361 of 2023 4. ASSISTANT CONSERVATOR OF FORESTS SIDDLAGHATHA DIVISION, CHIKKABALLAPUR DISTRICT - 562 105. 5. 6. 7. RANGE FOREST OFFICER SIDDLAGHATHA DIVISION, CHIKKABALLAPUR DISTRICT - 562 105. ASSISTANT DIRECTOR OF LAND RECORD CHIKKABALLAPUR DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS CHIKKABALLAPUR SUB-DIVISION CHIKKABALLAPUR DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR ...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WP IS FILED UNDER ARTICLE 226 PRAYING TO RESTRAINING THE RESPONDENTS FROM INTERFERING WITH THE POSSESSION OF THE SCHEDULE PROPERTY BY THE PETITIONER WITHOUT INITIATING APPROPRIATE PROCEEDINGS AND ETC., THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 5 - HC-KAR NC: 2025:KHC:52300 WP No. 13278 of 2023 C/W WP No. 13361 of 2023 ORAL ORDER 1. In this writ petition, the petitioner is seeking writ of the prohibition to restrain the respondents from interfering with the possession of the scheduled property mentioned in the writ petition. 2. Having taken note of the submission made by learned counsel for the petitioner and learned Additional Government Advocate, the joint survey has been made pursuant to the order of this Court where the encroachment is made by the petitioner. 3. However, taking into consideration the known aspects, it is open for the petitioner to establish their right over the scheduled property in the manner known to law against the respondents, if so, advised. Sd/- (E.S.INDIRESH) JUDGE NM List No.: 1 Sl No.: 42