- 1 - HC-KAR NC: 2025:KHC:36610 WP No. 1627 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1627 OF 2025 (GM-FOR) BETWEEN: SRI. SIDDU S/O GHATU AGED ABOUT 64 YEARS OCC: AGRICULTURIST R/O LAKKINAKOPPA MARATI CAMP SHIVAMOGGA TALUK AND DISTRICT 577201. …PETITIONER (BY SRI. KANTHARAJAPPA M G.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FOREST MS BUILDING DR AMBEDKAR VEEDHI Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36610 WP No. 1627 of 2025 BENGLURU 560001. 2. THE RANGE FOREST OFFICER UMBLEBAILU RANGE UMBLEBAILU 577115 …RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING NOTICE ISSUED BY THE 2ND RESPONDENT IN SL.NO.BA.BHOMI.CR-812/2024-25 DATED 23/12/2024. PRODUCED AS ANNEXURE-E TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:36610 WP No. 1627 of 2025 ORAL ORDER The petitioner asserts that he is in possession of 28 guntas of land in Sy.No.22 of Lakkinakoppa village, Shivamogga Taluk, Shivamogga District and that his title as against the claim by the Forest Department stands affirmed with the orders of the Special Court in LGC (G) No.1747/2021 under the Karnataka Land Grabbing Prohibition Act, 2011. The petitioner is aggrieved with the second respondent's notice dated 23.12.2024 [Annexure-E], and the second respondent has issued this notice calling upon the petitioner to show cause why he should not be called upon to vacate the aforesaid land within a period of seven days. This Court on 14.08.2025 has granted interim order against precipitation observing the question for consideration will be whether the impugned notice is as contemplated under Section 64A of the Karnataka Forest Act and if it is so, should the petitioner be - 4 - HC-KAR NC: 2025:KHC:36610 WP No. 1627 of 2025 relegated to workout remedies thereunder. This question is framed primarily because the notice does not refer to any particular provision. Sri Rahul Cariappa, the learned Additional Government Advocate, cannot justify that this notice is under the aforesaid provision, and in that event, this Court must intervene and set aside the notice but without prejudice to the respondents to initiate fresh proceedings if under Section 64A of the Karnataka Forest Act, 1963 if there is justifiable cause for the same. The petition is allowed in the afore terms. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr