Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25854 WP No. 20575 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20575 OF 2025 (GM-FOR) BETWEEN:
SMT. KANAKAMMA W/O SRI.MUNIREDDY, AGED ABOUT 65 YEARS R/AT THOTLIGANAHALLI VILLAGE HOLUR HOBLI, KOLAR TALUK KOLAR DISTRICT - 562 102. …PETITIONER (BY SRI. SHIVAPRAKASH M, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560 001.
2.
THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE - 560 001.
3.
THE CHIEF CONSERVATOR OF FOREST KOLAR DISTRICT KOLAR - 563 101.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25854 WP No. 20575 of 2025
4.
THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR - 563 101.
5.
THE DEPUTY CONSERVATOR OF FOREST KOLAR DISTRICT KOLAR - 563 101.
6.
THE RANGE FOREST OFFICER SRINIVASAPURA RANGE, SRINIVASAPURA - 563 101.
7.
THE TAHASILDAR, SRINIVASAPURA TALUK KOLAR DISTRICT KOLAR - 563 101.
8.
THE SUPERINTENDENT OF POLICE KOLAR DISTRICT, KOLAR - 563 101.
9.
THE STATION HOUSE OFFICER/ KOLAR RURAL POLICE STATION, GULPET, KOLAR - 563 101. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF THE RESPONDENT FOREST DEPARTMENT IN RESPECT OF ERSTWHILE SY.NO.12, PRESENT SY.NO.42 OF THOTLIGANAHALLI, PARTICULARLY THE GAZETTE NOTIFICATION AND THE FOOD NOTE TO IDENTIFY C AND D CATEGORY OF LANDS AND ETC.,
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HC-KAR NC: 2026:KHC:25854 WP No. 20575 of 2025
THIS 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 Additional Government Advocate accepts notice for the respondents.
2. The petitioner is before this Court seeking for the following reliefs: a. Call for the entire records from the Office of the respondent Forest Department in respect of Sy.No.12, present Sy.No.42 Thotliganahalli, particularly the Gazette Notification and the Food Note to identify C & D Category of lands.
b. To issue Writ of Mandamus against respondent Forest Department to consider the representation at ANNEXURE-P2 dated 17/2/2025 by the petitioner and to conduct proper enquiry and to pass appropriate
order in the light of the statement made by the Hon'ble Hon'ble Chief Minister; Minister and
c. To issue Writ of Mandamus against the Department of Forest not to cause any act of the existing Mango interference, damage Garden, as well as Cattle Shed, Poultry Shed in Sy. No. 12, presently Sy. No.42 of Thotliganahalli. to
d. Pass such other order/s as this Hon'ble Court deems fit and proper in the circumstances of the case.
e. Cost of the Proceedings, in the interest of justice and equity.
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HC-KAR NC: 2026:KHC:25854 WP No. 20575 of 2025
3. The grievance of the petitioner is that though the petitioner has replied to the notice issued under Section 64A of the Karnataka Forest Act, 1963 (for short, "the Act") dated 30.01.2025, on 15.02.2025, no order has been passed on the said reply, and without an order being passed, the respondents are seeking to interfere with the possession of the petitioner and dispossess the petitioner.
4. When proceedings have been initiated under a statutory provision, namely Section 64A of the Act, whose notice has been replied to by the petitioner, it is required for the respondents to comply with the requirements of Section 64A of the Act and pass necessary orders and, thereafter, take appropriate action. Without passing necessary orders, no action could be taken to dispossess the petitioner.
5. The above petition is disposed of by directing the respondents to consider the objections filed by the petitioner and pass appropriate orders within a period of
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HC-KAR NC: 2026:KHC:25854 WP No. 20575 of 2025
four weeks from the date of receipt of a copy of this order and thereafter take appropriate steps.
Sd/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 1 Sl No.: 4