- 1 - HC-KAR NC: 2025:KHC:46326 WP No. 7193 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 7193 OF 2020 (GM-FOR) BETWEEN: SRI. ANJINAPPA AGED ABOUT 55 YEARS S/O MUNIYAPPA RESIDING AT BAVAPURA VILLAGE, HOSKOTE TALUK, BANGALORE RURAL DISTRICT - 562 114. …PETITIONER (BY SRI. SHANKARANARAYANA BHAT N, ADVOCATE) AND: 1. CONSERVATOR OF FORESTS BANGALORE DIVISION MALLESHWARAM, BENGALURU - 560 003. 2. THE ASSISTANT CONSERVATOR OF FORESTS DODDABALLAPUIRA SUB DIVISON DODDABALLAPURA - 561 203. 3. THE FOREST RANGE OFFICER HODKOTE RANGE, HOSKOTE - 562 114, BANGALORE RURAL DISTRICT. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46326 WP No. 7193 of 2020 4. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO GOVERNEMENT REVENUE DEPARTMENT, M.S. BUIDLING, BENGALURU - 560 001. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA TO CALL FOR RELEVANT RECORDS AND QUASH THE ORDER OF THE ASSISTANT CONSERVATOR OF FORESTS, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA IN FOREST OFFENCE CASE NO.69/08-09, HOSKOTE ZONE DATED 26.02.2016 AND MARKED AS ANNEXURE-E IN THIS WRIT PETITION AND THE ORDER OF THE CHIEF CONSERVATOR OF FORESTS AND APPELLATE AUTHORITY, BANGALORE (REGION) CIRCLE, BANGALORE IN APPEAL NO.265/2015-16 DATED 15.09.2017 MARKED AS ANNEXURE-F IN THIS WRIT PETITION 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 1. In this writ petition, the petitioner is assailing the order dated 26.02.2016 (Annexure – E), and the order dated 15.09.2017 in Appeal No.265/2015-16 (Annexure-F) passed by the respondent - authorities. 2. The facts in the nutshell for the purpose of adjudication of this petition are that; the petitioner claims - 3 - HC-KAR NC: 2025:KHC:46326 WP No. 7193 of 2020 to be the owner of the land in Sy.No.24 of Bavapura Village, Hosakote Taluk, Bangaluru Rural District as per the order of Grant produced at Annexure - B to the writ petition. It is stated that, the respondent - authorities have issued Notice at Annexure - D, calling upon the petitioner under Section 24 (G)(GG)of the Karnataka Forest Act, 1963, (hereinafter referred to as 'the Act'), with regard to dispute in Complaint No.69/2008-09 and in this regard the proceedings were initiated against the petitioner under Section 64-A of the Act. The competent authority, after considering the material on record, by order dated 26.02.2016, arrived at the conclusion that 15 guntas of the land in which the petitioner is in possession has been declared as the forest land and accordingly, directed him to vacate within 30 days from the date of the order. Feeling aggrieved by the same, the petitioner has preferred an Appeal before respondent No.1 in Appeal No.265/2015-16 and the Appellate Authority under Section 64-A(3) r/w Rule 69 of the Karnataka Forest Rules, 1969 - 4 - HC-KAR NC: 2025:KHC:46326 WP No. 7193 of 2020 at Annexure-F, dismissed the appeal preferred by the petitioner. Being aggrieved by the same, the petitioner has preferred this writ petition. 3. I have heard Sri.Shankaranarayana Bhat N, learned counsel appearing for the petitioner and Sri.Mahantesh Shettar the learned Additional Government Advocate for the respondents. 4. Sri.Shankaranarayana Bhat N, learned counsel appearing for the petitioner invited the attention of the Court to the Grant made in favour of the petitioner as per Annexure - B and the subsequent entries made in the Mutation Register and RTCs and contended that the petitioner is the owner and is in possession of the land as per the Grant and therefore, it is contended that, the said aspect of the matter was not considered by the Original Authority as per Annexure - E and same was confirmed by the Appellate Authority as per Annexure-F and therefore, sought for interference by this Court. - 5 - HC-KAR NC: 2025:KHC:46326 WP No. 7193 of 2020 5. Per contra, Sri.Mahantesh Shettar, learned Additional Government Advocate invited the attention of the Court to the Notification dated 11.10.1935 (Annexure - R1), wherein portion of the extent of 32 acres in Sy.No.24 of Bavapura village was declared as the Forest Land and therefore, he contended that no interference is called for in this writ petition. 6. In the light of the submissions made by the learned counsel appearing for the parties and careful consideration of the Grant at Annexure - B, wherein the Revenue Authorities have granted an extent of 15 guntas of land in Sy.No.24 of Bavapura village, wherein no schedule has been mentioned in the order of Grant with regard to identify the boundaries of the land in question. It is also to be noted that as per the Notification dated 11.10.1935 (Annexure - R1), wherein the extent of 32 acres in land bearing Sy.No.24 of Bavapura village has been declared as the forest land. In that view of the matter, since the land claimed by the petitioner itself is not identifiable, I do not - 6 - HC-KAR NC: 2025:KHC:46326 WP No. 7193 of 2020 find any merit in the petition and finding recorded by respondent Nos.1 and 2 are just and proper and accordingly, the writ petition is dismissed. 7. It is also made clear that, in view of the judgment of the Hon'ble Supreme Court in the case of State of Karnataka and Others Vs. I.S.Nirvane Gowda and Others reported in (2007) 15 SCC 744, wherein it is held that, the Revenue Authorities were not competent to deal with the property which was the part of the Reserve Forest and therefore, following the declaration of law made by the Hon’ble Supreme Court in the above case as well as in the case of T.N.Godhavarman Thirumulpad Vs. Union of India reported in (2025) 2 SCC 641, I am of the view that, no interference is called for in this writ petition. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE GH List No.: 1 Sl No.: 34