- 1 - HC-KAR NC: 2025:KHC:33605 WP No. 19766 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 19766 OF 2025 (GM-FOR) BETWEEN: SRI. THIMMAPPA GOWDA, S/O. KARIYA GOWDA, AGED ABOUT 59 YEARS, R/AT KAREKODI HOUSE, NYAYATARPU VILLAGE, BELTHANGADY TALUK, D.K. - 574214. …PETITIONER (BY SRI. RAKSHITH KUMAR, ADVOCATE) AND: 1. AUTHORIZED OFFICER AND ASSISTANT FOREST CONSERVATOR, THE KARNATAKA FOREST DEPARTMENT, MANGALORE SUB-DIVISION, MANGALORE-575 006. 2. THE RANGE FOREST OFFICER, BELTHANGADY TALUK, DAKSHINA KANNADA- 574 214. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33605 WP No. 19766 of 2025 OR DIRECTION, TO QUASH THE IMPUGNED ORDER DATED 28.04.2025 PASSED BY THE RESPONDENT NO.1 IN CASE NO.03/2015-16 (BELTHANGADY) PRODUCED AS PER ANNEXURE-A AND IS SEEKING TO QUASH THE SAME IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner has called in question the impugned order dated 28.04.2025 passed by respondent No.1 namely, the Authorized Officer/Assistant Conservator of Forest, Mangalore Sub-Division. 3. Learned Additional Government Advocate submits that as regards the order under Section 64A(1) of the Karnataka Forest Act, 1963 (for short 'the Act'), there is a remedy of appeal before the State under Section - 3 - HC-KAR NC: 2025:KHC:33605 WP No. 19766 of 2025 64A(3) of the Act and in terms of the notifications, appeal would lie to the Deputy Conservator of Forest, Mangalore Range. 4. Learned counsel for the petitioner submits that an appeal has been filed, however, there is a threat of dispossession. 5. Learned Additional Government Advocate fairly submits that once an appeal is pending under Section 64A(3) of the Act as against the order at Annexure-A, further action would be taken only after conclusion of the appeal proceedings. 6. In light of the said stand, learned counsel for the petitioner submits that his apprehension of being dispossessed stands redressed for the present. Accordingly, taking note of the stand of the respondent - State that, action if any, would be taken only after disposal of the appeal under Section 64A(3) of the Act, the - 4 - HC-KAR NC: 2025:KHC:33605 WP No. 19766 of 2025 petition is disposed of, as not calling for any further adjudication. 7. Needless to state, the respondents to expedite hearing of the appeal. All contentions raised are kept open. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR List No.: 1 Sl No.: 21