- 1 - HC-KAR NC: 2025:KHC:49717 WP No. 23675 of 2025 C/W WP No. 7656 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23675 OF 2025 (GM-FOR) C/W WRIT PETITION NO. 7656 OF 2025 (GM-FOR) IN WP No. 23675/2025 BETWEEN: 1. C A MUTHANNA AGED ABOUT 78 YEARS S/O LATE C M APPANNA, R/O AVOKA ESTATE, ATHUR VILLAGE, VIRAJPET TALUK, 2. C M APPANNA AGED ABOUT 49 YEARS, S/O C A MUTHANNA, R/O AVOKA ESTATE, ATHUR VILLAGE, VIRAJPET TALUK. 3. C A APPACHU AGED ABOUT 84 YEARS, S/O C M APPANNA, P.O. NO.10, PONNAMPET, PONNAMPET TALUK. 4. C A CHENGAPPA AGED ABOUT 49 YEARS S/O C A MUTHANNA, R/O AVOKA ESTATE, ATHUR VILLAGE, VIRAJPET TALUK PETITIONERS 1 TO 4 REP BY POWER OF AUTHORITY SRI N S SURESH Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49717 WP No. 23675 of 2025 C/W WP No. 7656 of 2025 AGED ABOUT 63 YEARS, S/O LATE N K SHEKARAM, R/O 7TH BLOCK, NEAR GOWRI TANK, VIRAJPET, VIRAJPET TALUK, S.KODAGU - 571218. …PETITIONERS (BY SRI. SACHIN B S.,ADVOCATE) AND: 1. DEPUTY RANGE FOREST OFFICER VIRAJPET SUB DIVISION, SOUTH COORG-571218. 2. DEPUTY COMMISSIONER OF KODAGU DISTRICT KODAGU DISTRICT, MEDIKERI - 571201 …RESPONDENTS (BY SRI. B. RAVINDRANATH., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED REPORT DTD. 02.11.2023 BEARING NO. VANA 45/2023-24 PASSED BY R-2 AS PER ANNX-A AND ETC. IN WP NO. 7656/2025 BETWEEN: 1. P C PONNAPPA AGED ABOUT 77 YEARS S/O LATE P. N. CHENGAPPA, R/O BADRAGOLA ESTATE, BADRAGOLA VILLAGE, THITHIMATHI POST, PONNAMPET TALUK, KODAGU DISTRICT-571254. 2. P. U. PONNAPPA AGED ABOUT 62 YEARS, S/O LATE DR. P. C. UTHAPPA R/O NO. 90, 3RD MAIN ROAD, JAYAMAHAL EXTENSION, BENSON TON POST, BANGALURU NORTH-560046 REP. BY POWER OF AUTHORITY - 3 - HC-KAR NC: 2025:KHC:49717 WP No. 23675 of 2025 C/W WP No. 7656 of 2025 SRI. N. S. SURESH AGED ABOUT 63 YEARS, S/O LATE N. K. SHEKARAM, R/O 7TH BLOCK, NEAR GOWRI TANK, VIRAJPET, VIRAJPET TALUK, S. KODAGU-571218. ...PETITIONERS (BY SRI. SACHIN B S.,ADVOCATE) AND: 1. DEPUTY RANGE FOREST OFFICER VIRAJPET SUB DIVISION, SOUTH COORG-571218. 2. ADDITIONAL DEPUTY COMMISSIONER KODAGU DISTRICT, MEDIKERI-571201. ...RESPONDENTS (BY SRI. B. RAVINDRANATH., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 24.10.2024 IN NO.VANA/88/2023-24-56718 PASSED BY THE R-2 AS PER ANNX-A AND ORDER DTD 17.01.2025 IN NO. OASM/VPETA/A2/CR/2024-25/86 PASSED BY THE R-1 AS PER ANNX-B AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER AS EPR ANNX-D AND D1 DTD 28.08.23 FOR PERMISSION TO CUT THE TREES EXISTED IN THE SUBJECT LAND BELONGING TO THE PETITIONER AS PRAYED IN THE APPLICATION AND ETC. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 4 - HC-KAR NC: 2025:KHC:49717 WP No. 23675 of 2025 C/W WP No. 7656 of 2025 ORAL ORDER 1. The petitioners in W.P.No.23675/2025 are before this Court seeking for the following reliefs: a) Set aside the Impugned report dated: 02.11.2023 bearing No. VaNa 45/2023-24 passed by 2nd Respondent as per ANNEXURE-A. b) Set Aside the Impugned Order dated 22.02.2024 in No. VuAaSam/BeT/A6/ViVa-05/2023-24 passed by the 1st Respondent as per ANNEXURE-A1. c) Set Aside the endorsement dated 03.07.2025 in No. VaNa /23/2025-26 passed by the 2nd Respondent as per ANNEXURE-A2. d) Consequently, issue a writ of mandamus by allowing the application dated: 28.02.2020 filed by the Petitioners seeking permission to cut the trees standing on the subject land belonging to the petitioner as per ANNEXURE-B, as prayed in the application, in the interest of justice and equity e) Issue any other writ or order or direction that deems fit to grants in the circumstances of the case in the interest of justice and equity. 2. The petitioners in W.P.No.7656/2025 are before this Court seeking for the following reliefs: a) Set aside the impugned order dated 24.10.2024 in No. VaNa/88/2023-24-567718 passed by the 2nd Respondent as per ANNEXURE-A, and order dated 17.01.2025 in No. OaSm/Vpeta /A2/CR/ 2024-25/86 passed by the 1 Respondent as per ANNEXURE-B and consequently allow the application filed by the petitioner as per ANNEXURE-D & D1 dated 28.8.2023 for permission to cut the trees existed in the subject land belonging to the petitioner as - 5 - HC-KAR NC: 2025:KHC:49717 WP No. 23675 of 2025 C/W WP No. 7656 of 2025 prayed in the application in the interest of justice and equity. b) Issue any other writ or order or direction that deems fit to grants in the circumstances of the case in the interest of justice and equity. 3. In WP No.7656/2025 the petitioner is the owner of the land in Sy. No. 257/1, 257/2, 257/3, 257/4, 257/5, 257/6, 257/7, 258/3, 258/4, 2548/10 and 258/11, situated at Badragola village, Ponnampet, taluk, Coorg district and in W.P. No.23675/2025, the petitioner is owner of Sy.No.22/1, 16/2, 16/3, 16/4, 16/5, 16/7, 16/8, 24/9 24/10, 24/11 and 76/2 situated at Hosur village, Virajpet taluk and district. The said lands have been classified as sagu bane land. The petitioners growing coffee, plantation crop and also containing Jack, nandi, Mathi, hone, Karade, Tahri, Bhage and Rosewood trees, had made an application for cutting some of the trees. Respondent No.2 vide Annexure-A submitted a report as regards the ownership of the land, who claimed that insofar as trees which are required to be cut, the petitioner would have no title thereof and the said trees would belong to the State and as such, the request made by the petitioners for - 6 - HC-KAR NC: 2025:KHC:49717 WP No. 23675 of 2025 C/W WP No. 7656 of 2025 cutting the said trees came to be rejected and it is in that background that the petitioners are before this Court seeking for the aforesaid reliefs. 4. This Court has dealt with the similar matter vide its order dated 25.07.2024 in W.P. No.55534/2013 and other connected matters and has come to the conclusion that insofar as sagu bane land is concerned, the same would be a private property and the government would not have any authority or right over the same and further in view of the amendment which has been carried out to the Karnataka Land Revenue Act, even as regards Jamma bane lands, occupation certificate could be granted on the application being made by the concerned holders of the property. In that view of the matter, the classification of the land whether it is sagu bane or jamma bane, the right of the holder of the land has been confirmed by way of the said Judgment. 5. In the present case, the land being sagu bane, the title of the property would vest with the land owners, so also would the title to any trees which are grown on the said land and as such, the respondent could not have claimed - 7 - HC-KAR NC: 2025:KHC:49717 WP No. 23675 of 2025 C/W WP No. 7656 of 2025 that the petitioners who are the owners of the land do not have title over the trees which are grown, the rejection being on that ground is, therefore, required to be set- aside. However, insofar as trees which are to be cut by the petitioners, each of the trees would have to be examined by the respondents to ascertain if they could be so cut and if so, by following the due procedure and if not, the reasons why they cannot be so cut. 6. In that view of the matter, I pass the following: ORDER i. The writ petitions are partly allowed. ii. In W.P. No.23675/2025, the impugned report dated 2.11.2023 at Annexure-A issued by respondent No.2 insofar as the claim made therein that the petitioners cannot have right over the trees grown over the sagu bane land in both the petitions is set-aside. iii. Consequently, the order dated 22.04.2024 at Annexure-A and endorsement dated 3.07.2025 at Annexure-A2 are set-aside. - 8 - HC-KAR NC: 2025:KHC:49717 WP No. 23675 of 2025 C/W WP No. 7656 of 2025 iv. IN W.P. No.7656/2025, the impugned order dated 24.10.2024 at Annexure-A and the order dated 17.01.2025 at Annexure-B are set-aside. v. The matters are remanded to respondent No.2 for fresh consideration in terms of the above observation. vi. It is made clear that respondent No.2 would have to consider the right of cutting of the trees in terms of the applicable law which shall be so done within a period of 30 days from the date of receipt of copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 27