- 1 - HC-KAR NC: 2025:KHC:43384 WP NO.48392 OF 2018 C/W WP NO.48393 OF 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.48392 OF 2018 (GM-FOR) C/W WRIT PETITION NO.48393 OF 2018 (GM-FOR) IN WP NO.48392/2018 BETWEEN: 1. SRI. P. ZAINUDDIN S/O P.C. HASSAINAR, AGED ABOUT 46 YEARS, REP. BY THE G.P.A. HOLDER, PETITIONER NO.3 - SRI. P. RIYAD. 2. SRI. NAUSHAD S/O P.C. HASSAINAR, AGED ABOUT 40 YEARS, REP. BY THE G.P.A. HOLDER PETITIONER NO.3 - SRI. P. RIYAD. 3. SRI. P. RIYAD S/O. P.C. HASSAINAR, AGED ABOUT 36 YEARS. ALL ARE RESIDNG AT: PEE CEE BUILDING, MADIKERI ROAD, SIDDAPURA TOWN, SIDDAPUR, KODAGU DISTRICT - 571 201. …PETITIONERS (BY SRI. MRINAL KUTTAPPA, ADVOCATE FOR SMT. LEELA P. DEVADIGA, ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43384 WP NO.48392 OF 2018 C/W WP NO.48393 OF 2018 AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, M.S. BUILDING, BENGALURU - 560 001. 2. THE CHIEF CONSERVATOR OF FOREST KODADU DISTRICT, MADIKERI - 571 201. 3. THE DEPUTY CONSERVATOR OF FOREST *VIRAJPET DIVISION, VIRAJPET TALUK KODADU DISTRICT - 571218. …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 RESPONDENTS TO ACQUIRE THE LAND BEARING SURVEY NO.31 OF NALADI VILLAGE, NAPOKLU HOBLI, MADIKERI TALUK, KODAGU DISTRICT MEASURING 121.61 ACRES AND PAY COMPENSATION REQUIRED UNDER LAW FORTHWITH WITHOUT ANY FURTHER DELAY; AND ETC. IN WP NO.48393/2018 BETWEEN: 1. SRI. P. ZAINUDDIN S/O P.C. HASSAINAR, AGED ABOUT 46 YEARS, R/AT PEE CEE BUILDING, MADIKERI ROAD, * corrected vide Court Order dated 08.12.2025. - 3 - HC-KAR NC: 2025:KHC:43384 WP NO.48392 OF 2018 C/W WP NO.48393 OF 2018 SIDDAPURA TOWN, SIDDAPUR, KODAGU DISTRICT - 571 201. …PETITIONER (BY SRI. MRINAL KUTTAPPA, ADVOCATE FOR SMT. LEELA P. DEVADIGA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, M.S. BUILDING, BENGALURU - 560 001. 2. THE CHIEF CONSERVATOR OF FOREST KODADU DISTRICT, MADIKERI - 571 201. 3. THE DEPUTY CONSERVATOR OF FOREST *VIRAJPET DIVISION, VIRAJPET TALUK KODADU DISTRICT - 571218. …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 RESPONDENTS TO ACQUIRE THE LAND BEARING SURVEY NO.76/A OF NALADI VILLAGE, NAPOKLU HOBLI, MADIKERI TALUK, KODAGU DISTRICT MEASURING 44.80 ACRES AND PAY COMPENSATION REQUIRED UNDER LAW FORTHWITH WITHOUT ANY FURTHER DELAY; AND ETC. * corrected vide Court Order dated 08.12.2025. - 4 - HC-KAR NC: 2025:KHC:43384 WP NO.48392 OF 2018 C/W WP NO.48393 OF 2018 THESE PETITIONS COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In these writ petitions, petitioners are seeking direction to the respondents to acquire the land in question and pay compensation as per law. 2. Heard Sri. Mrinal Kuttappa, learned counsel on behalf of Smt. Leela P. Devadiga, appearing for petitioners and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents. 3. Sri. Mrinal Kuttappa, learned counsel appearing for petitioners submits that the land in question belonging to the petitioners is surrounded by reserved forest, through which an approach road is available, which is entered in the Village plan. It is also contended by learned counsel appearing for petitioners that the petitioners are in possession of the land in question, however, respondents 2 and 3 are desisting the petitioners unlawfully and preventing the petitioners to enter the land in question by making use of the forest road, which is a public road. Therefore, learned counsel appearing for - 5 - HC-KAR NC: 2025:KHC:43384 WP NO.48392 OF 2018 C/W WP NO.48393 OF 2018 petitioners has sought for direction to the respondents to acquire the land belonging to the petitioners as claimed by the petitioners in these petitions. 4. Per contra, Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents contended that the land in question claimed by the petitioners is carved out of the reserved forest and therefore questioning the title of the petitioners in respect of the same. Accordingly, he submitted that, the same cannot be adjudicated in these petitions. 5. In the light of submission made by learned counsel appearing for the parties and on careful consideration of the averments made in the writ petitions, the same would indicate that the petitioners are claiming the ownership of the land in question and on the other hand, respondents are disputing the title of the petitioners and claiming that the land in question claimed by the petitioners is situate at forest. Therefore, I am of the view that, at this stage direction cannot be issued to the respondents to acquire the land in question and pay compensation as claimed by the petitioners in these writ - 6 - HC-KAR NC: 2025:KHC:43384 WP NO.48392 OF 2018 C/W WP NO.48393 OF 2018 petitions. However, it is open for the petitioners to approach the respondents 2 and 3 by way of representation along with relevant documents to establish their right over the land in question. If such a representation is made by the petitioners within three weeks from the date of receipt of this order, the same shall be considered by the respondents 2 and 3 within three months from the date of representation that may be made by the petitioners in accordance with law. Accordingly, writ petitions are disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 36