- 1 - HC-KAR NC: 2025:KHC:40393 WP NO.6315 OF 2023 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.6315 OF 2023 (GM-FOR) BETWEEN: 1. YESHWANT S/O SUBRAMANYA DORNAL, AGED ABOUT 59 YEARS, OCC: AGRICULTURE. 2. AMBIKA D/O LATE LINGACHAR DORNAL, AGED ABOUT 56 YEARS, OCC: AGRICULTURE. 3. PADMANABHA S/O SUBRAMANYA, AGED ABOUT 54 YEARS, OCC: AGRICULTURE. 4. SAROJAMMA W/O LATE RANGAPA AGED ABOUT 58 YEARS, OCCU: AGRICULTURE. 5. KAMALAMMA W/O LATE GANGADHARACHAR, AGED ABOUT 67 YEARS, OCC: AGRICULTURE. 6. ANITHA W/O E. PARAMESH, AGED ABOUT 55 YEARS, OCC: AGRICULTURE. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40393 WP NO.6315 OF 2023 7. NANJUNDACHAR S/O MALLACHAR, AGED ABOUT 64 YEARS. 8. SUBRAMANYACHAR AGED ABOUT 81 YEARS. ALL ARE RESIDENTS OF KENCHANAHALLI VILLAGE, LINGADAHGALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT - 577 228. …PETITIONERS (BY SRI. RAVINDRA G. KOLLE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS REVENUE SECRETARY, VIDHAN SOUDHA, BENGALURU - 560 001. 2. THE ADDITIONAL CHIEF SECRETARY (FEE) DEPT. OF FORESTS, ECOLOGY AND ENVIRONMENT, ROOM NO.448, 4TH FLOOR, GATE NO.2, MULTI-STORIED BUILDINGS, BENGALURU - 560 001. 3. THE DEPUTY CONSERVATOR OF FORESTS BHADRAVATHI FORESTS DIVISION, LOWER HUTHA, B.H. ROAD, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301. 4. THE RANGE FOREST OFFICER TARIKERE RANGE FOREST OFFICE, TARIKERE, CHIKKAMAGALURU DISTRICT - 577 528. 5. THE DEPUTY COMMISSIONER DISTRICT FIELD ROAD, VIJAYA NAGAR, CHIKKAMAGALURU - 577 101. - 3 - HC-KAR NC: 2025:KHC:40393 WP NO.6315 OF 2023 6. THE TAHSILDAR AND SECRETARY TALUKA LEVEL LAND REGULARIZATION COMMITTEE, TARIKERE - 577 228. 7. THE CHAIRMAN AND MEMBERS TALUKA LEVEL LAND REGULARIZATION COMMITTEE, REP. BY ITS SECRETARY, TALUKA OFFICE, TARIKERE - 577 228. 8. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS HEAD OF FOREST FORCE, ARANYA BHAVANA, NEAR SANKEY TANK, MALLESHWARAM, BENGALURU - 560 012. 9. THE CHIEF CONSERVATOR OF FORESTS SHIVAMOGGA CIRCLE, SANDAL KOTI, HOLE-HONNURU ROAD, VIDYA NAGAR, SHIVAMOGGA - 577 203. 10. THE CONSERVATOR OF FORESTS O/O OF CONSERVATOR OF FORESTS, NEAR BOLARAMESHWARA TEMPLE, CHIKKAMAGALURU - 577 101. 11. THE ASSISTANT CONSERVATOR OF FORESTS TARIKERI FOREST SUB-DIVISION, TARIKERE, CHIKKAMAGALURU DISTRICT - 577 228. 12. THE ASSISTANT COMMISSIONER TARIKERE REVENUE SUB-DIVISION, B.H. ROAD, INDIRA NAGAR, TARIKERE - 577 228. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) - 4 - HC-KAR NC: 2025:KHC:40393 WP NO.6315 OF 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION LETTER DATED 11TH AUGUST, 2022 ISSUED BY THE RESPONDENT NO.3-DEPUTY CONSERVATOR OF FOREST AND ANOTHER LETTER DATED 04TH JULY, 2022 ISSUED BY THE RESPONDENT NO.4-RANGE FOREST OFFICER VIDE ANNXEURES 'A' AND 'B' RESPECTIVELY, RAISING OBJECTIONS TO REGULARIZE THE UNAUTHORIZED OCCUPATION OF HULLUBANNI REVENUE LAND IN SURVEY NO.37 OF KENCHENAHALLI VILLAGE, LINGADAHALLI HOBLI, TARIKERE TALUK IN FAVOUR OF PETITIONERS RELYING ON THE NON-EXISTING CONCEPT OF DEEMED FOREST; AND ETC. 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 Sri. Raveendra G. Kolle, learned counsel appearing for petitioners and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents. 2. In this petition, petitioners are assailing the communication letters dated 11th August, 2022 (Annexure-A) issued by the respondent No.3 and 04th July, 2022 (Annexure- B) issued by the respondent No.4, wherein the Forest Authorities are claiming the land in question as Forest land. 3. The petitioners herein, by referring to the orders passed by this Court in Writ Petition Nos.3584-88 of 2001 - 5 - HC-KAR NC: 2025:KHC:40393 WP NO.6315 OF 2023 dated 30th January, 2001 (Annexure-G) and in Writ Petition No.4828 of 2008 dated 06th June, 2008 (Annexure-H), being an applicants, seeking regularisation of the land by the Committee constituted under the provisions of Section 94A of the Karnataka Land Revenue Act, 1964. 4. In the backdrop of these aspects and observation made by this Court in Writ Petition Nos.3584-88 of 2001 and Writ Petition No.4828 of 2008, the claim made by the Forest Department as the land in question belongs to them, I am of the opinion that, it is open for the Forest Department to approach the competent Committee and to appraise the said Committee about the nature of the land in question. 5. In that view of the matter, the impugned communication letters dated 11th August, 2022 (Annexure-A) issued by the respondent No.3 and 04th July, 2022 (Annexure- B) issued by the respondent No.4 are hereby set-aside and the respondent-Forest Department is directed to approach the competent Committee constituted under Section 94A of the Karnataka Land Revenue Act, 1964 and to produce the relevant documents before the Committee to take decision in the matter - 6 - HC-KAR NC: 2025:KHC:40393 WP NO.6315 OF 2023 pertaining to the pending applications filed by the petitioners seeking regularisation of the land in question. Accordingly, Writ Petition is disposed of. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 55