Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 19566 (KAR)

K. A. ABOOBACKER v. THE STATE OF KARNATAKA

WP/37172/2025 · 2026-06-04

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:26359 WP No. 37172 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37172 OF 2025 (GM-FOR) BETWEEN: K.A. ABOOBACKER S/O LATE K. ABDULLA AGED 63 YEARS RESIDING AT NO.27/A, KANIKKODE MYSORE ROAD SIDDAPURA, VIRAJPETE KODAGU - 571 253. …PETITIONER (BY SRI. M.B. PRABHAKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER KODAGU, OFFICE OF THE DEPUTY COMMISSIONER, MADIKERI - 571 201. 3. THE DEPUTY CONSERVATOR OF FOREST VIRAJAPET DIVISION VIRAJAPET, KODAGU - 571 218. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26359 WP No. 37172 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (1) CALL FOR RECORDS, (II) ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING THE 3RD RESPONDENT TO ACCORD FELLING PERMISSION TO THE PETITIONER ON HIS REDEEMED SAGU BANE LANDS AS PER HIS APPLICATION DATED 09/10.11.2021 AT ANNEXURE-A ON THE BASIS OF EXISTING REVENUE ENTRIES IN JAMABANDI PRODUCED AT ANNEXURE- B AND THE ENTRIES IN RTC, PRODUCED AT ANNEXURE-C WITH IMMEDIATE EFFECT OR WITHIN A STIPULATED TIME FRAME AS THIS HON'BLE COURT DEEMS FIT IN ACCORDANCE WITH LAW AND ETC., 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. The petitioner is before this Court seeking for the following reliefs: "(i) Call for records, (ii) Issue a Writ of Mandamus or Direction directing the 3rd respondent to accord felling permission to the petitioner on his redeemed sagu bane lands as per his application dated 09/10.11.2021 at Annexure-A on the basis of existing revenue entries in Jamabandi produced at Annexure-B and the entries in RTC, produced at Annexure-C with immediate effect or within a - 3 - HC-KAR NC: 2026:KHC:26359 WP No. 37172 of 2025 stipulated time frame as this Hon'ble Court deems fit in accordance with law. (iii) Issue a Writ of Mandamus or a Direction directing the respondent 4 to furnish requisite opinion to 3rd respondent based on the revenue entries in Jamabandi and the RTC at Annexure-B and Annexure-C to enable the 3rd respondent to accord felling permission to the petitioner on his application dated 09/10.11.2021 at Annexure-A, in terms of the judgements of this Hon'ble Court in K. C. Ponnappa V/s Deputy conservator of Forests (WP No. 9778/1990) and State V/s P. P Ganapthi case (WA No. 1382/1991) without any further delay within a stipulated time frame as this Hon'ble Court deems it fit. (iv) And pass any such other further orders or direction as this Hon'ble Court may deem fit in the circumstance of the case, including the costs." 2. The petitioner claims to be the owner of the land in survey Nos.11/9, 11/10, 11/11, 11/12, 11/13, 11/14, and 11/15, measuring about 12 acres, situated at Badag Banangala Village of Virajapet Taluk, Kodugu District. The petitioner also claims that the said land is redeemed sagu land. The petitioner is therefore, the owner in occupation and enjoyment of the said land. An application was made for felling of trees in the said lands on 09/10.11.2021 at Annexure-A. The same was not considered by - 4 - HC-KAR NC: 2026:KHC:26359 WP No. 37172 of 2025 respondents and it is for that reason that the aforesaid reliefs are sought. 3. Whenever any application is made by a citizen to a statutory authority or a Government authority, it is required for the said authority to consider the same and pass necessary orders within a reasonable period of time, either accepting or rejecting the same. 4. In the present matter, the application was required to be considered and orders passed within three months. 5. The said application has been pending for the last five years. No orders have been passed. 6. Hence, I pass the following: ORDER i. Writ petition is allowed. ii. Writ of mandamus is issued directing respondent Nos.2 and 3 to consider the application of the petitioner dated 09/10.11.2021 at Annexure-A, in accordance - 5 - HC-KAR NC: 2026:KHC:26359 WP No. 37172 of 2025 with the applicable law and pass necessary orders within a period of 30 days from the date of receipt of a copy of this order. iii. The petitioner is permitted to place on record a further representation along with all supporting documents, which shall be submitted within a week from today. SD/- (SURAJ GOVINDARAJ) JUDGE TMP List No.: 1 Sl No.: 23