Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41091 WP No. 59675 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.59675 OF 2015 (GM-FOR) BETWEEN:
1. K B VENKATESH S/O LATE K C BHEEMAIAH AGED ABOUT 41 YEARS R/AT CHELAVARA VILLAGE CHAYYANDANE POST MADIKERI TALUK KODAGU DISTRICT - 571201. …PETITIONER (BY SRI. PRASANNA D.P., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF FOREST VIDHANA SOUDHA BENGALURU - 560001. 2. THE DEPUTY CONSERVATOR OF FOREST KODAGU DISTRICT MADIKERI - 561201. 3. DIVISIONAL FOREST OFFICER VIRAJPET DIVISION VIRAJPETE KODAGU DISTRICT - 571241. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:41091 WP No. 59675 of 2015
…RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO NOT TO OBSTRUCT THE PETITIONER FROM REMOVING THE BALAJI WOODEN LONGS FROM HIS LAND BY CONSIDERING HIS REPRESENTATION AS PER ANNEXURE-E.
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 Heard the learned counsel appearing for the parties
2. In this writ petition, the grievance of the petitioner that, the respondents have interfered with the possession of land belonging to the petitioner by removing the Balanji Wooden Logs and thereby, it is the case of the petitioner that, the same has caused loss to an extent of Rs. 40.00 lakhs to the petitioner
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HC-KAR NC: 2025:KHC:41091 WP No. 59675 of 2015
and as such, sought for direction to the respondents to pay sum of Rs. 40.00 lakhs with interest to the petitioner. 3. Taking into consideration the prayer made by the petitioner, I am of the view that, since the writ of mandamus would not lie unless there is demand and refusal by the parties, and therefore, the prayer made in the writ petition cannot be accepted. However, it is open for the petitioner to approach the competent authority by making representation, raising such relevant grievance as stated in the writ petition.
If such representation made by the petitioner, within two weeks from the date of receipt of certified copy of this order and same shall be considered by the competent authority within three months thereafter and outcome of the same be made known to the petitioner. - 4 -
HC-KAR NC: 2025:KHC:41091 WP No. 59675 of 2015
4. The petitioner has also challenged Endorsement dated 27.01.2016 at Annexure-L. Taking into consideration the material on record wherein revenue entries are standing in the name of Kolimadu Ravikumar and Kolimadu B. Venkatesh and the petitioner has to establish his right over the property in question since, the respondents have disputed the title of the petitioner in the impugned Endorsement at Annexure- L. Accordingly, no interference is called for insofar as Endorsement at Annexure-L is concerned. With these observations, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 24