KRISHNAMURTI FOUNDATION INDIA (KFI) v. GOVERNMENT OF KARNATAKA
WP/30120/2025 · 2025-11-26
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78485 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78485 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49167 WP No. 30120 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30120 OF 2025 (GM-FOR) BETWEEN:
KRISHNAMURTI FOUNDATION INDIA (KFI) BEING A REGISTERED SOCIETY BANGALORE EDUCATION CENTRE 17TH K.M., KANAKAPURA ROAD, THATGUNI POST, BANGALORE - 560 062.
REPRESENTED BY THE SECRETARY MR. S. JAYARAM …PETITIONER (BY SRI. G.L. VISHWANATH, SR. ADVOCATE FOR SMT. MANASA M.B, ADVOCATE)
AND:
1.
GOVERNMENT OF KARNATAKA DEPARTMENT OF FORESTS ARANYA BHAVAN, 18TH CROSS, MALLESWARAM, BANGALORE - 560 003 REPRESENTED BY PRINCIPAL CONSERVATOR OF FORESTS.
2.
DEPUTY CONSERVATOR OF FORESTS BANGALORE URBAN DISTRICT ARANYA BHAVAN ANNEXE, 18TH CROSS, MALLESHWARAM, BANGALORE - 560 003. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED NOTICE DATED 19.09.2025 BEARING NO. A7/ BHOOMI/VMKA/ CR -
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49167 WP No. 30120 of 2025
49/2025-26 UDER SECTION 64(A) OF THE KARNATAKA FOREST ACT, 1963 VIDE ANNEXURE -B ISSUED BY THE R2 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: (a) Issue a writ in the nature of Certiorari or any other writ or
order quashing the Impugned Notice dated 19.09.2025 bearing number ಸಂೆ: ಎ7.ಭೂ . ಎಂಾ.
ಆ-49/2025-26 under Section 64(A) of the Karnataka Forest Act, 1963 vide Annexure-B, issued by the Respondent No.2;
(b) Issue a writ in the nature of Certiorari or any other writ or
order quashing the Impugned Notice dated 24.09.2025 bearing number ಸಂೆ: ಎ7.ಭೂ . ಎಂಾ.
ಆ-49/2025-26 under Section 64(A) of the Karnataka Forest Act, 1963 vide Annexure - A, issued by the Respondent No.2.
(c) To grant such other relief/s as this Hon'ble Court may deem fit to grant in the circumstances of the case in the interest of justice.
2. The grievance of the petitioner is that a notice under Section 64A of the Karnataka Forest Act, 1963 (for short,
"the Act") has been issued in respect of a property which does not come within the forest area and in that regard Sri.G.L.Vishwanath, learned Senior Counsel for the
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HC-KAR NC: 2025:KHC:49167 WP No. 30120 of 2025
petitioner relies upon the joint survey sketch which has been produced at Annexure-F, page "38" to the petition.
3. A perusal of the said joint survey sketch indicates that the property of the petitioner has been marked as yellow portion, which falls out of the forest area, which has been marked in green colour. It is not found part of the forest land even as per the notification dated 14.12.1935, as mentioned in the sketch.
4. When the land of the petitioner even as per the survey falls out of the forest boundaries, the question of initiating any proceedings under Section 64A of the Act as regards land which is not forest land would not arise. In that view of the matter, I pass the following:
O R D E R i) The writ petition is allowed. ii) A Certiorari is issued. The impugned notices dated 19.09.2025 and 24.09.2025 at Annexures-A and B, respectively are quashed. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 62