- 1 - HC-KAR NC: 2025:KHC:44055 WP No. 60431 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 60431 OF 2016 (GM-FOR) BETWEEN: M/S. IBC KARKESIA ESTATES TOWER 'B' 9TH FLOOR, DIAMOND DISTRICT,OLD AIRPORT ROAD, BANGALORE - 560 008 REPRESENTED BY ITS MANAGING DIRECTOR …PETITIONER (BY SMT.MONICA PATIL, ADVOCATE FOR SRI. JOSEPH ANTHONY, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF FORESTS M.S. BUILDING, 4TH FLOOR, NEAR VIDHANA SOUDHA BENGALURU KARNATAKA - 560 001 REPRESENTED BY SECRETARY 2. THE CHIEF CONSERVATOR OF FORESTS CHIKMAGALUR RANGE, CHIKMAGALUR - 577 101 3. THE ASSISTANT CONSERVATOR OF FORESTS KOPPA SUB-DIVISION, CHIKMAGALUR - 577126 4. THE RANGE FOREST OFFICER CHIKKAGRAHARA ZONE CHIKMAGALUR - 577 101 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE R-2 DATED 29.04.2016 IN APPEAL NO.15/2014-15 AT ANNEXURE-A AND ETC. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44055 WP No. 60431 of 2016 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, petitioner is assailing the order dated 29.04.2016 in Appeal No.15/2014-15 (Annexure-A) passed by Respondent No.2 and the Order dated 05.02.2015 (Annexure-F) passed by Respondent No.3. 2. The relevant facts for adjudication of this Writ Petition are as follows: Petitioner is a Plantation Company owned by India Builders Corporation (IBC) Group. It is stated in the Writ Petition that, the petitioner had acquired the land bearing Survey Nos.285, 180 and 178 in Karkeshwara Village, N.R.Pura Taluk, Chikamagaluru District, from Sargod Group of Estates. It is also stated that, the aforementioned land was originally owned by one Mr.Rudolf Mascarenhas, later it was sold to one Mr.Ranganath of Mysore and thereafter it was acquired by Sargod Estates. It is further stated in the writ petition that, though the petitioner is in possession of the land in question, - 3 - HC-KAR NC: 2025:KHC:44055 WP No. 60431 of 2016 on 02.07.2013, the petitioner had received the Show Cause Notice from Respondent No.3, informing that the petitioner had encroached upon the forest lands in Survey Nos.288 and 178. The Show Cause Notice is produced at Annexure-B. It is also stated in the writ petition that the Respondent-Authorities have registered FIR on 30.08.1999 for the alleged encroachment of forest land in Survey No.285 and 178 of Karkeshwara Village, N.R.Pura Taluk. as per Annexure-C. After registration of FIR, proceedings under Section 64A of Karnataka Forest Act, 1963 was filed before Respondent No.3 by Respondent No.4. Respondent No.3 after considering the material on record, by Order dated 05.02.2015 (Annexure-F), held that the petitioner herein has encroached the land to an extent of 43.30 acres and accordingly, sought for eviction of the petitioner. Feeling aggrieved by the same, the petitioner has preferred an appeal under Section 64(A)(3) of the Karnataka Forest Act, 1963 before Respondent No.2. Respondent No.2 after considering the material on record by its order dated 29.04.2016 (Annexure-F), confirmed the order passed by Respondent No.3. Feeling aggrieved by the same, the petitioner has preferred this writ petition. - 4 - HC-KAR NC: 2025:KHC:44055 WP No. 60431 of 2016 3. I have heard Smt.Monica Patil for Sri.Joseph Anthony, learned counsel for the petitioner and Sri.Mahantesh Shettar, learned AGA for the respondents. 4. Learned counsel appearing for the petitioner submitted that, vide Annexure-C, FIR has been registered in respect of the encroachment alleged to have been made in Survey Nos.285 and 178 of Karkeshwara Village, whereas, proceedings have been initiated in respect of the land bearing Survey Nos.285, 180 and 178 of the Karkeshwara Minor Forest Area and Deemed Forest and therefore, sought for interference of this Court. It is also submitted by the learned counsel for the petitioner that the respondents have forcibly taken possession of the land, over which the petitioner is claiming right in this writ petition and accordingly, sought for interference by this Court. 5. Per contra, learned AGA for the respondents sought to justify the impugned orders passed by the Respondents No.2 and 3. It is submitted by learned AGA that the impugned orders at Annexure-F and Annexure-A have been passed after conducting joint survey by the Respondent-Authorities. Further, - 5 - HC-KAR NC: 2025:KHC:44055 WP No. 60431 of 2016 the learned AGA, referring to the Order passed by this Court on 12.08.2025, submitted that pursuant to the direction issued by this Court, joint survey has been made at the instance of the petitioner and therefore, the alleged encroachment has been proved and as such, sought for dismissal of the petition. 6. In the light of the submission made by the learned counsel appearing for the parties and also taking into consideration the factual aspects on record, it is apparent that the petitioner herein is assailing the order passed by Respondent No.3 dated 05.02.2015 at Annexure-F and also the order passed by Respondent No.2 at Annexure-A. It is the case of the petitioner that he had purchased the land from one Sargod Estates. However, on careful consideration of the finding recorded by Respondent No.3 at Annexure F, it would indicate that joint survey has been made at the instance of the petitioner and thereafter, taking into consideration the reasons assigned at page No.8 of Annexure F, it is noticed that the land to an extent of 43.30 acres have been encroached by the petitioner. In that view of the matter, on careful consideration of the order passed by Respondent No.2 in Appeal No.15 of - 6 - HC-KAR NC: 2025:KHC:44055 WP No. 60431 of 2016 2014-15, wherein Respondent No.2 after considering the material on record and also taking into consideration the joint survey made by the Authorities along with the petitioner, has arrived at a conclusion that the petitioner herein has encroached the land to an extent of 43.30 acres. Since the question whether there is alleged encroachment made by the petitioner has to be considered in this writ petition, this Court has directed the Respondent-Authorities to conduct survey in the presence of the petitioner, assisted by the Jurisdictional ADLR. Thereafter, by Order dated 12.08.2025, date was fixed for joint survey on 20.08.2025. Pursuant to the same, the Respondent-Authorities have filed the memo dated 29.08.2025 along with the sketch and the report of the Authorities, which would specify the fact that the alleged encroachment has been made by the petitioner to an extent of 44.17 acres. In that view of the matter, taking into consideration all the factual aspects on record and the finding recorded by Respondent No. 2 and Respondent No.3 and also taking into consideration the declaration of law made by the Hon'ble Supreme Court in the case of State of Karnataka and Others vs. I.S.Nirvane Gowda and Others reported in (2007) 15 SCC 744 and in - 7 - HC-KAR NC: 2025:KHC:44055 WP No. 60431 of 2016 the case of T.N.Godavarnam Thirumalpad vs. Union of India reported in (2025) 2 SCC 641, I am of the view that no interference is called for in this petition. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 21