- 1 - HC-KAR NC: 2026:KHC:25400 WP No. 7092 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 7092 OF 2023 (GM-FOR) BETWEEN: SRI. INTIYAZ PASHA @ BABU AGED ABOUT 48 YEARS, S/O LATE ABDUL BASHEER SAB, RESIDING AT SONNASHETTYHALLI, 1ST MAIN ROAD, 13TH BLOCK, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 561 325. …PETITIONER (BY SRI. ANGADI SOMASHEKAR CHANNABASAPPA.,ADVOCATE) AND: 1. THE TAHASILDAR CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 561 325. 2. THE RANGE FOREST OFFICER SRINIVASPURA TALUK, CHIKKABALLAPURA DISTRICT - 561 325. 3. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25400 WP No. 7092 of 2023 FOR RECORDS PERTAINING TO R/4-244/57-58, DTD 07.04.1958 FROM R-1 OFFICE.DIRECTING R-1 AND 2 TO PERMIT THE PETITIONER FOR REMOVAL OF TAMARIND FROM 36 TAMARIND TREES EXISTING ON 26TH AND 27TH KMS. 3/1 FURLING STONE TO ONE MILE STONE I.E., 5 FURLONG TO BOTH SIDES 54 TAMARIND TREES TO EAST SIDE AND 36 TAMARIND TREES ON WEST SIDE OF KOLAR CHINTAMANI ROAD VIA SUGATURU TO CHINTAMANI FROM THE ROAD SIDE TREES EVERY YEAR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court seeking following reliefs: '' A) To call for records pertaining to R/4-244/57-58, dated 07- 04-1958 from 1st respondent office. B) To issue a writ of mandamus directing respondent 1 and 2 to permit the petitioner for removal of tamarind from 36 tamarind trees existing on 26th and 27th Kms. 3/1 furlong stone to one mile stone i.e., 5 furlong to both sides 54 tamarind trees to East Side and 36 tamarind trees on west side of Kolar Chintamani Road via Sugaturu to Chintamani from the road side trees every year. C) To issue any other order or orders deems fit under the facts and circumstances of the case in the interest of justice and equity.'' 2. It is the case of petitioner that originally one Sri. Venkatachalapathi Shetty had planted 36 tamarind trees on a Government land, which was acknowledged by the then Tahsildar by issuance of an endorsement dated 15.05.1958 and - 3 - HC-KAR NC: 2026:KHC:25400 WP No. 7092 of 2023 had also permitted said Sri. Venkatachalapathi Shetty to enjoy the fruits of the said trees. 3. It is further contented that legal heirs of the said Sri. Venkatachalapathi Shetty had executed release deed on 03.11.1997 in favour of the father of the petitioner herein, to derive the benefit of reaping the fruits of the said 36 tamarind trees. 4. Learned counsel for the petitioner submits that aforesaid facts indicate rights being vested with the original hakkudar, which his legal representatives have rightfully transferred in favour of the father of the petitioner herein. 5. He further submits that things being thus, respondent- authorities now intended to conduct the public auction in respect of said tamarind trees which would adversely affect the interest of the petitioner. 6. On a specific query by this Court, counsel for the petitioner is unable to point out the provision of law which creates vested right in favour of the purported original hakkudar or his legal representatives to execute such release - 4 - HC-KAR NC: 2026:KHC:25400 WP No. 7092 of 2023 deed and any such right being created in favour of the petitioner. 7. At this juncture, learned AGA submits that petitioner has every right and all liberty to participate in the public auction which will be undertaken by the respondent-authorities in accordance with law, if he is found eligible, his rights will be considered. 8. Submissions taken on record. 9. Reserving liberty to the petitioner to participate in the public auction to be conducted, if any, by the respondent- authorities, petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 23