- 1 - HC-KAR NC: 2025:KHC:30592-DB WA No. 1705 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1705 OF 2024 (GM-FOR) BETWEEN: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, OFFICE OF DEPUTY COMMISSIONER, RANGOLI HALLA, HASSAN-573 201. 3. THE TAHSILDAR, HOLENARASIPURA TALUK, OFFICE OF TAHSILDAR, MINI VIDHANA SOUDHA, RIVER BANK ROAD, HOLENARASIPURA, HASSAN DISTRICT-573 211. 4. THE CHIEF CONSERVATOR OF FORESTS, HASSAN CIRCLE, ARANYA BHAVAN, NEAR DAIRY CIRCLE, B M ROAD, HASSAN-573 201. 5. THE DEPUTY CONSERVATOR OF FORESTS, SOCIAL FORESTRY-HASSAN DIVISION, ARANYA BHAVAN, NEAR DAIRY CIRCLE, B M ROAD, HASSAN-573 201. 6. THE ASSISTANT CONSERVATOR OF FOREST, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30592-DB WA No. 1705 of 2024 SOCIAL FORESTRY, HOLENARASIPURA SUB DIVIVISION, HASSAN DIVISION, HOLENARASIPURA-573 211. 7. THE RANGE FOREST OFFICER, SOCIAL FORESTRY, OFFICE OF THE RANGE FOREST OFFICER, HOLENARASIPURA, HASSAN-573 211. …APPELLANTS (BY SRI K.S HARISH, GOVT. ADVOCATE) AND: B G SHAMANNA, S/O LATE B. L GUNDAPPA, AGED ABOUT 70 YEARS, R/AT NO. 1656B, 2ND CROSS, NORTHERN EXTENSION, HASSAN-573 201. …RESPONDENT (BY SRI VENUGOPAL M S, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) CALL FOR THE RECORDS IN WP No. 11099/2024 (GM-FOR) b) SET ASIDE THE ORDER DATED 10.06.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 11099/2024 (GM-FOR) ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI - 3 - HC-KAR NC: 2025:KHC:30592-DB WA No. 1705 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the affidavit filed in support of IA No.1/2024, the same is allowed. The delay of 128 days in filing the appeal is condoned. 2. The appellants (State) have filed the present appeal impugning an order dated 10.06.2024 [impugned order] passed by the learned Single Judge of this Court in Writ Petition No. 11099/2024 [GM-FOR]. 3. In terms of the impugned order, the learned Single Judge has directed the Deputy Commissioner, Hassan District, the Tahasildar, the Chief Conservator of Forests, and the Deputy Conservator of Forests, [who are arrayed as respondents 2 to 5], to permit the respondent [Petitioner] to cut and remove Eucalyptus and Acacia trees standing on the land bearing Survey No. 24 measuring 6 acres located at Nanjalpura Village, Hallimysuru Hobli, - 4 - HC-KAR NC: 2025:KHC:30592-DB WA No. 1705 of 2024 Holenarasipura Taluk [subject land] as expeditiously as possible. 4. The learned Government Advocate, appearing for the appellants submits that it was contended before the learned Single Judge that if reasonable time is granted the said officials would consider the request made by the petitioner in accordance with law. Notwithstanding the said submission, the learned Single Judge had issued a writ in the nature of mandamus, directing the said officials to permit the removal of trees. 5. A memo has been filed which indicates that the Deputy Conservator of Forests, Social Forestry Division, Hassan, had declined to give a no objection letter, for diversion of the said land, on the ground that, it is now a deemed forest. The learned Government Advocate has also handed over an aerial map marking the area in question, which indicates that the entire 06 acres is a part of a larger forest area. - 5 - HC-KAR NC: 2025:KHC:30592-DB WA No. 1705 of 2024 6. It is clear from the above that the issue is not confined to the permission to cut trees, but whether the respondent would be entitled to occupy the land for agricultural purposes as well. 7. The learned counsel appearing to the respondent states that since the decision in this regard has been taken by the Forest Department, he would require to challenge the same. He seeks liberty to file an appropriate petition challenging the decision of the Forest Department holding that the subject land is a deemed forest. 8. In view of the above, the impugned order is set aside. 9. The respondent is at liberty to avail of all his remedies in respect of the decision taken by the Department of Forests. 10. The appeal is allowed in the aforesaid terms. - 6 - HC-KAR NC: 2025:KHC:30592-DB WA No. 1705 of 2024 11. The pending IAs, if any, are disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 50