- 1 - HC-KAR NC: 2025:KHC:40011 WP No. 11945 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.11945 OF 2023 (GM-FOR) BETWEEN: SHRI S.K. OMKAR S/O S R KRISHNAN AGED ABOUT 37 YEARS R/AT NO.246, 6TH CROSS, 8TH MAIN, 2ND BLOCK JAYANAGAR BENGALURU-560011. …PETITIONER (BY SRI. HIMA KIRANA, ADVOCATE A/W SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF FOREST VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU -560001 REPRESENTED BY ITS SECRETARY. 2. THE CHIEF CONSERVATOR OF FORESTS ARANYA BHAVAN SANKEY ROAD MALLESWARAM BENGALURU -560055. 3. THE ASSISTANT CONSERVATOR OF FORESTS CHIKKABALLAPURA SUB DIVISION CHIKKABALALPURA-562101. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40011 WP No. 11945 of 2023 4. THE RANGE FOREST OFFICER CHIKKABALLAPURA RANGE CHIKKABALALPURA-562101. …RESPONDENTS (BY SRI. MANJUNATH B., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.01.2022 PASSED BY THE RESPONDENT NO.2/CONSERVATOR OF FORESTS, IN APPEAL NO.300/2018-19 U/S 64A (3) OF THE KARNATAKA FORESTS ACT, VIDE ANNEXURE-A AND THE ORDER DATED 28.03.2018 PASSED BY THE RESPONDENT NO.3/ASSISTANT CONSERVATOR OF FORESTS, IN THE ORIGINAL SIDE OF THE PROCEEDINGS IN CASE NO.SaAaSaM/Chim.pura/64A/ Angatta/ CR-19/2016-17 VIDE ANNX-B; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, the petitioner is assailing the Order dated 10.01.2022 in Appeal No.300/2018-19 (Annexure-A) passed by respondent No.2 and the Order dated 28.03.2018 passed by respondent No.3(Annexure-B), inter alia, sought for - 3 - HC-KAR NC: 2025:KHC:40011 WP No. 11945 of 2023 a direction to respondent No.1 to grant alternative land for cultivation, to the petitioner, in lieu of the land in question if ultimately, declared as a forest land. 2. The brief facts for adjudication of this Writ Petition are that, the land in question bearing Sy.No.28 (new No.29) measuring to an extent of 9 acres out of 2 acres, situate at Angatta Village, Nandi hobli, Chikkaballapur Taluk was granted to one Emmegala Byrappa on 12.02.1949 under darakhast by way of public auction (Annexure-C). It is further stated that the respondent - authorities have entered the name of Emmegala Byrappa in the revenue records. It is also stated that original grantee executed registered Sale Deed dated 24.03.1962(Annexure-E) in favour of one Sri. Muniswamy in respect of the subject land. Thereafter, the portion of the land was also sold as per the registered Sale Deeds dated 02.05.1949 and 16.05.1975 (Annexures - D and F). It is also stated that the petitioner herein had purchased portion of the land from Syed Maroof Ahmed as per the registered Sale Deed dated 19.04.2008 and therefore, it is the contention of the petitioner that, the petitioner is the owner of the land in - 4 - HC-KAR NC: 2025:KHC:40011 WP No. 11945 of 2023 question. It is also stated in the petition that the respondent - forest authorities claiming that the land in question is belonging to the Forest Department as per the Government Notification dated 02.09.1931 by His Highness the Maharaja of Mysore and therefore, since the petitioner is in possession of the land in question, petitioner has challenged the same before the respondent No.3. 3. The respondent No.3 having taken note of the factual aspects on record, by Order dated 28.03.2018 (Annexure-B), rejected the claim made by the petitioner herein and held that the land in question is a forest land and being aggrieved by the same, the petitioner has preferred an appeal before the respondent No.2 in Appeal No.300/2018-19 and the Appellate Authority, by Order dated 10.01.2022 (Annexure-A), held that the land in question is belonging to Angatta Grama Aranya Pradesha and as such, rejected the claim made by the petitioner. Being aggrieved by the same, the petitioner has preferred this Writ Petition. - 5 - HC-KAR NC: 2025:KHC:40011 WP No. 11945 of 2023 4. Heard Sri. Hima Kirana, learned counsel appearing for the petitioner and Sri. Manjunath B., learned Additional Government Advocate appearing for the respondents. 5. It is contended by Sri. Hima Kirana, learned counsel appearing for the petitioner that, both the authorities have not considered the factual aspects on record as the land in question was belonging to the vendors of the petitioner and therefore, the interference made by the respondent - authorities requires to be interfered with in this Writ Petition. It is also stated that the revenue entries stand in the name of vendor of the petitioner for more than 70 years and that would make it clear that, the land has been granted in favour of one Emmegala Byrappa as per Annexure-C and therefore, the impugned order requires to be set aside in this Writ Petition. 6. Per contra, learned Additional Government Advocate sought to justify the impugned order passed by the respondent - authorities and submitted that, way back in 1931 itself the land has been earmarked and declared as forest land. In that view of the matter, any number of subsequent revenue entries in respect of the subject land will not confirm any title to the - 6 - HC-KAR NC: 2025:KHC:40011 WP No. 11945 of 2023 petitioner herein and therefore, sought for dismissal of the petition. 7. In the light of the submissions made by the learned counsel appearing for the parties, it is the case of the petitioner that the land in question has been granted in favour of one Emmegala Byrappa as per the Grant Order dated 12.02.1949 (Annexure-C) and thereafter, the land in question has been sold by several persons and ultimately the petitioner has purchased the land in question as per the registered Sale Deed dated 19.04.2008(Annexure-J) from one Syed Maroof Ahmed. Perusal of the writ papers would indicate that as per the Government Notification dated 02.09.1931 passed by His Highness Maharaja of Mysore, the land in question has been declared as forest land and in that view of the matter, since both the authorities have arrived at the conclusion based on the entry dated 02.09.1931 and therefore, the land in question has to be declared as forest land and as such, there is no merit in this Writ Petition. It is also to be noted that recently the Hon'ble Supreme Court in the case of T.N. GODAVARMAN THIRUMALPAD Vs. UNION OF INDIA AND OTHERS, vide - 7 - HC-KAR NC: 2025:KHC:40011 WP No. 11945 of 2023 Judgment dated 15.05.2025 (2025 INSC 701), has issued the guidelines with regard to protecting the forest land as well as the environmental clearance granted by the Ministry of Environment, Forest and Climate Change (MOEF), in the said case. In that view of the matter, taking into consideration the declaration of law made by the Hon'ble Supreme Court in the above case as well as the case of STATE OF KARNATAKA AND OTHERS Vs. NIRVANE GOWDA AND OTHERS reported in (2007)15 SCC 744, wherein it is held that the revenue authorities have no jurisdiction to grant or enter the name of persons in respect of the subject land if the land in question is declared as forest land as per the Notification therein, and therefore, there is no merit in this Writ Petition. 8. In that view of the matter, the Writ Petition is dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 7