- 1 - HC-KAR NC: 2025:KHC:41400-DB WP No. 25721 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 25721 OF 2022 (KLGP) BETWEEN: GOPALAN ENTERPRISES THROUGH ITS PARTNER AND AUTHORISED SIGNATORY MR C GOPALAN NO.5 RICHMOND ROAD BANGALORE-560 025. …PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SMT. SAMEEKSHA PATIL, ADVOCATE SRI. ARYAN RAO, ADVOCATE SMT. KRUTIKA RAGHAVAN, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING 5TH FLOOR DR AMBEDKAR VEEDHI BANGALORE-560 001 REP BY ITS SECRETARY 2. RANGE FOREST OFFICER KAGGALIPURA RANGE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41400-DB WP No. 25721 of 2022 KAGGALIPURA-560 082 3. DEPUTY RANGE FOREST OFFICER KAGGALIPURA RANGE KAGGALIPURA-560 082. …RESPONDENTS (BY SRI. G.R. ARUNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE PROCEEDINGS LGC (G) NO. 549/2020 PENDING ON THE FILE OF KARNATAKA LAND GRABBING (PROHIBITION), SPECIAL COURT, BENGALURU, AND REJECT THE COMPLAINT (ANNEXURE - A AND B). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) In this writ petition, the petitioner assailed the proceedings in L.G.C.(G)No.549/2020 pending before the Karnataka Land Grabbing (Prohibition) Special Court, Bengaluru (hereinafter referred to as 'the Land Grabbing Court' for short), whereby the Land Grabbing Court issued summons to the petitioner herein based on the complaint lodged by respondent No.2-Range Forest Officer under Section 9(1) of Karnataka - 3 - HC-KAR NC: 2025:KHC:41400-DB WP No. 25721 of 2022 Land Grabbing Prohibition Act, 2011 for the offence punishable under Section 4(3) of the said Act. 2. It is alleged in the complaint that the petitioner has illegally encroached the forest area to an extent of 2 acres 39 guntas in Sy.No.41 of Turahalli village, Uttarahalli Hobli, Bangalore South Taluk and has erected compound wall. The same was confirmed during the joint survey measurement conducted pursuant to the Government Order No.FE.FEE 52 FGL-2013 dated 26.10.2015 as per the instructions given by the Government High Level Committee in its meeting regarding unauthorized encroachment of forest lands in Bangalore Urban District and as per the joint survey sketch, the boundaries of Turahalli Minor Forests under Latitude and Longitude No.(1) B4:N-12°53'6.66", E:77°31'3.54', (2) B5:N-12°53'15.94" E:77°31'7.01", (3) B6:N-12°53'24.31" E:77°31'10.13", it could be seen that 2 acres 39 guntas of encroached land is found to be coming in the middle of Latitude and Longitude of Turahalli Minor Forest Area and thus, the said Forest Area has been encroached by the Managing Director, Gopalan Enterprises, #5, - 4 - HC-KAR NC: 2025:KHC:41400-DB WP No. 25721 of 2022 Richmond Road, (a case has been filed in Forest Cr.No.25/2017-18, dated 23.11.2018). 3. It is the vehement contention of the learned Senior Counsel Sri K.N. Phanindra for the petitioner that the joint survey report has been challenged by the petitioner before this Court in W.P.No.17764/2022 and initially, the learned Single Judge has passed an interim order of status quo and thereafter, the said Writ Petition was disposed of on 29.05.2024 by setting aside the joint survey report conducted by respondent Nos.2 and 3 and also the order passed pursuant to that. According to the learned Senior Counsel, such being the position, the report filed by the Range Forest Officer before the Land Grabbing Court cannot be sustained. Accordingly, he prays to set-aside the proceedings pending before the Land Grabbing Court. 4. Per contra, the said prayer is opposed by the learned Additional Government Advocate and contended that based on the report of the Range Forest Officer only the Land Grabbing Court has issued summons, taken cognizance and initiated the proceedings. - 5 - HC-KAR NC: 2025:KHC:41400-DB WP No. 25721 of 2022 5. We have carefully perused the order passed by the learned Single Judge in W.P.No.17764/2022 and also the proceedings pending before the Land Grabbing Court and the report submitted by the Range Forest Officer. On perusal, it is noticed that though the petitioner has challenged the joint survey report conducted in respect of Turahalli village as per the instructions of the Government High Level Committee and the said report was set-aside by the learned Single Judge in W.P.No.17764/2022 dated 29.05.2024, however, the proceedings depicts that the Range Forest Officer has filed a separate report before the Land Grabbing Court that 2 acres 39 guntas of land is allegedly encroached by the petitioner and a boundary wall has been constructed. In such circumstances, the said aspect has to be proved in a detailed trial before the Land Grabbing Court. As such, it goes without saying that the petitioner is entitled to place all relevant documents including the order passed in the writ petition in his defence before the Land Grabbing Court in the proceedings and also entitled to file an application for discharge. - 6 - HC-KAR NC: 2025:KHC:41400-DB WP No. 25721 of 2022 6. The Land Grabbing Court is requested to conclude the proceedings as early as possible within an outer limit of six months. 7. The parties shall appear before the concerned Land Grabbing Court on 06.11.2025 without expecting any further notice. 8. The writ petition is accordingly disposed of. 9. The Registry is directed to forward the copy of this judgment to the concerned Land Grabbing Court, forthwith. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 4