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2025 DAILYLAW 82087 (KAR)

M DASAPPA v. THE STATE OF KARNATAKA

WP/13670/2022 · 2025-10-13

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40233 WP No. 13670 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.13670 OF 2022 (GM-FOR) BETWEEN: 1. M DASAPPA S/O M B MANJAPPA AGED ABOUT 60 YEARS R/AT HOSAKODIGE VILLAGE KASABA HOBLI THIRTHAHALLI TALUK-577432. …PETITIONER (BY SRI. PRASAD B.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY FOREST DEPARTMENT VIKAS SOUDHA VIDHANA VEEDI DR AMBEDKAR ROAD BENGALURU-560001. 2. DEPUTY CONSERVATOR OF FOREST SHIVAMOGGA-577201. 3. ASSISTANT CONSERVATOR OF FOREST AZAD ROAD THIRTHHALLI-577432. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40233 WP No. 13670 of 2022 4. RANGE FOREST OFFICER HIRTHAHALLI RANGE THIRTHHALLI-577432. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER 28.04.2022 IN AKESHIYA/GL-77/2022-23 PASSED BY THE RESPONDENT NO.4 PRODUCED AT ANNEXURE- A; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the Endorsement dated 28.04.2022 (Annexure-A) issued by respondent No.4 inter-alia sought for a direction the respondents to consider the application dated 21.02.2022 (Annexure-B) filed by the petitioner. 2. Having heard the learned counsel appearing for the parties and on careful examination of the finding recorded by the respondent-authorities at - 3 - HC-KAR NC: 2025:KHC:40233 WP No. 13670 of 2022 Annexure A, would indicate that the land in question claimed by the petitioner has been declared as 'Babli Kiru Aranya' as per the notification dated 24.08.1932. In this regard, the learned counsel for the petitioner submits that the said land has been granted by the revenue authorities in favour of the petitioner. In that view of the matter, taking into consideration the averments made in the petition and the claim made by the respondent-Forest department that, the land in question has been declared as a Minor forest land ('Babli Kiru Aranya), I am of the opinion that, there shall be a requirement of joint survey of the land in question at the instance of the jurisdictional ADLR. Therefore, the writ petition is disposed of by directing the jurisdictional ADLR to conduct joint survey by taking into consideration the consent of the petitioner and the respondent Nos. 2 and 3 and conduct survey within a period of two months from the date of receipt - 4 - HC-KAR NC: 2025:KHC:40233 WP No. 13670 of 2022 of certified copy of this order. In the event, if the land in question comes within the purview of the Minor Forest Land ('Babli Kiru Aranya) as per the notification dated 24.08.1932, it is for the respondent-authorities to take decision in the matter in accordance with law. With this observation, the writ petition is disposed of. Till the conclusion of the joint survey that may be made by the competent authority as stated above, the respondents shall not take any coercive steps against the petitioner. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 24