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2025 DAILYLAW 92172 (KAR)

M/S CAUVERY NEERAVARI NIGAMA LIMITED v. THE STATE OF KARNATAKA

WP/37616/2025 · 2025-12-11

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52736 WP No. 37616 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37616 OF 2025 (GM-FOR) BETWEEN: M/S CAUVERY NEERAVARI NIGAMA LIMITED NO.4, K C SUB-DIVISION KOLLEGAL TALUK, KOLLEGALA CHAMARAJANAGAR DISTRICT-571440 REPTD. BY ITS EXECUTIVE ENGINEER …PETITIONER (BY SRI. BHEEMAIAH.K.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPTS. BY ITS SECRETARY FOREST DEPARTMENT VIKASA SOUDHA, BANGALORE-560 001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS 2ND FLOOR, 18TH CROSS, MALLESWARAM BENGALURU-560 018. 3. THE CHIEF CONSERVATOR OF FORESTS OFFICE OF CHIEF CONSERVATOR OF FORESTS CHAMARAJANAGAR - 571313 4. THE RANGE FOREST OFFICER KOLLEGALA WILDLIFE RANGE MALEMAHADESHWARA BETTADA ROAD NEAR TO POLICE RESIDENTIAL QUARTERS KOLLEGALA-571 440. 5. THE AUTHORISED OFFICER AND ASST. CONSERVATOR OF FORESTS YELANDUR WILDLIFE SUB-DIVISION YELANDUR BRT TIGER RESERVE CHAMARAJANAGAR - 571313 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52736 WP No. 37616 of 2025 6. THE DEPUTY COMMISSIONER CHAMARAJANAGARA CHAMARAJANAGARA DISTRICT-571313 7. THE ASST. COMMISSIONER KOLLEGALA - 571440 8. THE TAHSHILDAR KOLLEGALA TALUK KOLLEGALA-571440 …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ORDER DATED 12.11.2025, PASSED BY THE RESPONDENT NO.5, WHICH IS AT ANNEXURE-P BEARING NO. ACF/BRT/KGL/GL/01/2025-26 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents. 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of writ of certiorari or any other writ to quash the order dated 12.11.2025, passed by the respondent no.5, which is at Annexure-P bearing no. ACF/BRT/KGL/GL/01/2025- 26. b. Issue a writ in the nature of writ of certiorari or any other writ to quash the letter of intimation dated 03.12.2025, issued by the respondent no.4 to the petitioner company, which is at Annexure-R bearing no. PÉÆÃªÀªÀ/UÀÄA.C.UÀÈ/«ªÀgÀ/2025-26. - 3 - HC-KAR NC: 2025:KHC:52736 WP No. 37616 of 2025 c. Issue a writ of mandamus or any other writ directing the respondent no.5 to hold fresh enquiry afresh by taking into consideration of all the aspect of the matter into consideration, the period from which petitioner company is in possession and enjoyment of the land measuring 1.68 acres of land adverse to the interest of the forest department, kollegala. d. Issue a writ of mandamus or any other writ directing the forest department, kollegala, to have an amicable settlement by exchange of land to the extent of land which is claiming by the forest department as their property, after the thorough enquiry into the land in question and if the same is found that, the land in dispute is belongs to the forest department, kollegala. e. Issue such other writ or order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case including an order as to cost in the interest of justice and equity. 3. The grievance of the petitioner is that the Forest Department is seeking to dispossess the Petitioner of the land subject matter of the above petition, which the petitioner has been in possession of for some time. 4. The Petitioner, Cauvery Neeravari Nigama Limited, is a Government entity. The Forest Department is a Department of the Government. In terms of the - 4 - HC-KAR NC: 2025:KHC:52736 WP No. 37616 of 2025 Karnataka Litigation Policy, any dispute between one arm of the Government with the other is required to be resolved by the Dispute Resolution Committee which has been constituted by the Chief Secretary. 5. In that view of the matter, restraining the respondents from dispossessing the petitioner until a decision by the Committee is taken, the petition stands disposed. 6. Learned AGA is directed to bring the above to the notice of the Chief Secretary, Government of Karnataka, so as to enable the constitution of a Committee, if not already constituted to resolve the disputes. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 3 Sl No.: 2