Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:8440 WP No. 18581 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 18581 OF 2023 (GM-FOR) BETWEEN:
SRI GOVINDSWAMY S/O VENKATAPPA, AGED ABOUT 65 YEARS, PANAKANAKALLU VILLAGE, (LAND SY.NO. 33/5 B) KASABA HOBLI, MAGADI TALUK …PETITIONER (BY SRI. A. G.BALLOLLI, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KARNATAKA SECRETARIAT ROOM. NO. 448, 4th FLOOR, GATE NO. 2 M.S BUILDING BANGALORE- 560 001
2. FOREST OFFICER, ZONAL OFFICE MAGADI REGIONAL ZONAL OFFICE, MAGADI- 562 120
3. FOREST OFFICER DEPUTY ZONAL OFFICER MAGADI TOWN- 562 120 …RESPONDENTS (BY SMT.B.P.RADHA, AGA)
Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:8440 WP No. 18581 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO CONSIDER THE REPRESENTATION DTD 18.04.2023 GIVEN BY THE PETITIONER TO THE RESPONDENT NO.2 IN RESPECT OF LAND BEARING SY.NO.33/5B MESURING TO AN EXTENT OF 4 ACRES PRESENTLY IT IS HAS MADE INCLUDED AND IN ONE SINGLE SY.NO.33 OF THE TOTAL MEASURING 318.02 ACRES SITUATED AT PANAKANAKAL VILLAGE, KASABA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT, WHICH IS PRODUCED AND MARKED AS PER ANNEXURE-A ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER Petitioner, claiming to be owner of 4 acres of land, forming part of Sy.No.33/5B of Panakanakal Village, Kasaba Hobli, Magadi Taluk, Ramanagara District, is before this Court being aggrieved by the endorsement dated 25.04.2023 issued by the Range Forest Officer, Magadi Range, Magadi as per Annexure-B wherein though Range Forest Officer has stated that no forest activities are undertaken in the land belonging to the petitioner, he has however called upon the petitioner to
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HC-KAR NC: 2026:KHC:8440 WP No. 18581 of 2023
prove that the said land was allotted to him along with sketch, GPS reading etc. 2.
2. Learned counsel for petitioner submits that the aforesaid land was granted to the petitioner by the Committee under the provisions of the Land Reforms Act as evidenced by the Hangami Saguvali Chit dated 26.09.1994 produced at Annexure-D. Name of the petitioner has been mutated in the revenue records as per Mutation Register extract produced at Annexure-E. RTC extract reflect the name of the petitioner to the extent of the aforesaid land petitioner has been cultivating Ragi. He has Crop Yielding Certificate and has even paid property tax. He submits that petitioner being in possession and enjoyment of the property by virtue of the aforesaid right, title and interest, respondent authorities had illegally trespassed into his property and has dug trenches which the petitioner had sought to remove by making a representation dated 18.04.2023 as per Annexure-A. It is in response to the said representation that the impugned endorsement came to be issued which has troubled the petitioner to approach this Court. - 4 -
HC-KAR NC: 2026:KHC:8440 WP No. 18581 of 2023
3. Learned counsel for petitioner submits that the respondent authorities on the one hand admit the petitioner being the owner of the property and on the other hand petitioner had been called upon to furnish the documents. These two being contrary, petitioner has approached this Court. 4. Learned AGA do not dispute that the property being claimed by the petitioner has not been utilized by the respondent authorities for any of the activities. However, she submits that the petitioner was called upon to furnish the documents in justification of his claim as alleged respondent/ Range Forest Officer digging trenches in his property. It is in this context, endorsement came to be issued. 5. When the respondent-Range Forest Officer has declared that no forest development activities have been undertaken upon the land belonging to the petitioner, there was no need or necessity for respondent-Range Forest officer to call upon the petitioner to furnish the documents as sought for. Perusal of Annexure-B further indicate that an extent of 84 acres of land forming part of Sy.No.33 and an extent of 109.20 acres forming part of Sy.No.31, an extent of 56.10 forming part of
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HC-KAR NC: 2026:KHC:8440 WP No. 18581 of 2023
Sy.No.34, an extent of 225 acres forming part of Sy.No.18 and totally measuring an extent of 474.30 acres has been declared as `forest area'. 6.
Said endorsement however indicate that the plantation work is being carried on in Sy.No.33/5, the very same endorsement further indicate that no such activities are undertaken in the land belonging to the petitioner. Having said that respondent/ Range Forest Officer has called upon the petitioner to submit the records. If according to respondent/ Range Forest Officer no activities being carried on the property of the petitioner there was no need or necessity for them to call upon the petitioner to furnish the documents. If it is the case of the respondents that the land being claimed by the petitioner is a `forest area,' it is open for them to initiate action in accordance with law. But in the light of their own declaration of they not carrying on any activities on the property of the petitioner, there is no need for them to call upon the petitioner to furnish the documents. - 6 -
HC-KAR NC: 2026:KHC:8440 WP No. 18581 of 2023
Accordingly, petition is partly allowed. A direction is issued by the respondent/ Range Forest Officer to furnish the records pertaining to property belonging to the petitioner vide endorsement dated 25.04.2023 at Annexure-B is quashed. However, it is open for the respondent authorities in the event of they finding the property being claimed by the petitioner is a `forest land' they may initiate action as contemplated under law. Sd/- (M.G.S. KAMAL) JUDGE
SBN List No.: 1 Sl No.: 33