- 1 - HC-KAR NC: 2026:KHC:27506 WP No. 19312 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION No. 19312 OF 2022 (GM-FOR) BETWEEN: S. CHINNAPPA REDDY, S/O LATE SUBBRAYAPPA, AGED ABOUT 73 YEARS, RESIDING AT PULKUNTLAPALLI VILLAGE, MARASANAPALLI POST, SRINIVASAPURA TALUK, KOLAR DISTRICT 563135. …PETITIONER (BY SRI GOPALA H. M., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY, DEPARTMENTOF FOREST, ECOLOBY AND ENVIRONMENT, GOVERNMENT OF KARNATAKA, BANGALORE 560001. 2. CHEIF CONSERVATOR OF FOREST AND APPELLATE AUTHORITY, BANGALORE CIRCLE (REGIONAL), ARANYA BHAVAN, MALLESHWARAM, BANGALORE 560003. 3. THE ASSISTANT CONSERVATOR OF FOREST, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27506 WP No. 19312 of 2022 KOLAR SUB-DIVISION, KOLAR 563101. 4. THE DEPUTY CONSERVATOR, OF FOREST, KOLAR SUB-DIVISION, KOLAR 563101. 5. THE RANGE FOREST OFFICER SRINIVASAPURA RANGE, SRINIVASAPURA TALUK, KOLAR DISTRICT, KOALR 563101. …RESPONDENTS (BY SRI SRINIVAS MURTHY, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING No.NA.SA.AASAM.THUVARI. CR.45/2009.10, DATED 10.08.2022 PURPORTED TO HAVE BEEN ISSUED UNDER SECTION 64(A) OF KARNATAKA FOREST ACT,1963 ISSUED BY THE ASSISTANT CONSERVATOR OF FOREST, KOLAR SUB-DIVISION KOLAR, THE RESPONDENT No.3 VIDE ANENXURE-A. CONSEQUENTLY QUASH THE PROCEEDINGS IN CASE No.59/2007.08 WHICH IS PENDING BEFORE R3 AUTHORITY VIDE ANNEXURE-R. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:27506 WP No. 19312 of 2022 ORAL ORDER Petitioner having been issued with a notice under Section 64-A of the Karnataka Forest Act, 1963 (hereinafter referred to as 'the Act') of he allegedly encroaching upon an extent of 8 acres of forest land, forming part of Sy.No.11 of Marassanapalli Village, Srinivasapura Taluk, Kolar District is before this Court. 2. Learned counsel for the petitioner, drawing attention of this Court to the earlier order dated 21.10.2019 passed by the Co-ordinate Bench of this Court in W.P.No.35063/2014, submits that under similar circumstances petitioner had earlier approached this Court and this Court while disposing of the said writ petition had directed the respondent-Director of Survey to ensure conducting of joint survey within a period of eight weeks and thereafter to pass appropriate orders in accordance with law. He submits that the said order has not been complied with and no joint survey has been conducted as directed, yet, the respondent-Authorities have issued notice under Section 64-A of the Act violating - 4 - HC-KAR NC: 2026:KHC:27506 WP No. 19312 of 2022 the direction issued by this Court. Hence seeks for allowing of the petition. 3. Heard and perused the records. 4. Section 64-A of the Karnataka Forest Act, 1963 reads as under: '' 64-A. Penalty for unauthorisedly taking possession of land constituted as reserved forest [district forest, village forest, protected forest and any other land under the control of the Forest Department].- (1) Any person unauthorisedly occupying any land in reserved forest, [district forest, village forest, protected forest and any other land under the control of the Forest Department] may, without prejudice to any other action that may be taken against him under any other provision of this Act or any other law for the time being in force, be summarily evicted, by a Forest Officer not below the rank of an Assistant Conservator of Forests and any crop including trees raised in the land and any building or other construction erected thereon shall, if not removed by him within such time as the Forest Officer may fix, be liable to forfeiture: Provided that before evicting a person under this sub-section he shall be given a reasonable opportunity of being heard.'' 5. Perusal of aforesaid provision would indicate requirement of issuance of notice calling upon the petitioner to furnish the cause as to why action shall not be initiated against him, which includes him justifying and establishing his rights over the property. The said Section also contemplate before passing any order under Section 64(A), the authority concerned shall give reasonable opportunity of - 5 - HC-KAR NC: 2026:KHC:27506 WP No. 19312 of 2022 being heard to the petitioner. Order of forfeiture can only be passed thereafter. 6. Perusal of the impugned notice at Annexure-A indicate that the respondent No.3 has issued the second notice under Section 64(A) of the Act calling upon the petitioner to submit his response in writing along with supporting documents. Except this nothing has been done. Mere issuance of notice without there being an order would not give any ground for the petitioner to seek interference at the hands of this Court. 7. Petitioner is always at liberty to furnish the cause/ submit his response with supporting documents upon which the respondent-authority shall provide an opportunity of personal hearing and thereafter pass appropriate order. 8. Needless to state, petitioner is also at liberty to raise the issue of whether or not a joint survey as directed by this Court in its earlier order has been conducted, if not, the respondent-authority shall conduct joint survey and only thereafter proceed with the matter. If the joint survey is - 6 - HC-KAR NC: 2026:KHC:27506 WP No. 19312 of 2022 conducted, petitioner shall be furnished with a copy of the same. 9. Petitioner herein is at liberty to submit his response within thirty days from the date of receipt of certified copy of this order along with the supporting documents. 10. Respondent-authority shall proceed to pass appropriate orders keeping in mind the direction which was earlier issued as noted above and after providing full opportunity of personal hearing to petitioner. 11. With the above observation, petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 21