Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25388 WP No. 8628 of 2023 C/W WP No. 7290 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 8628 OF 2023 (LA-RES) C/W WRIT PETITION NO. 7290 OF 2023 (LA-KIADB)
IN WP No. 8628/2023 BETWEEN:
SMT. YASHODAMMA W/O LATE MAHALINGAPPA, AGED ABOUT 50 YEARS, R/AT MASOOR MAIN ROAD, SHIKARIPURA TOWN, SHIVAMOGGA-577427 …PETITIONER (BY SRI. SACHIN B S., ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001
2. THE SPECIAL LAND ACQUISITION OFFICER SITE NO.C.A. (1B), GROUND FLOOR, P B ROAD, OPPOSITE TO DISTRICT ADMISSION BHAVAN, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, KAROOR, DAVANAGERE-577004
3. PRINCIPAL CHIEF CONSERVATOR OF FOREST CHIEF OF FOREST FORCE, ARANYA BHAVAN, MALLESHWARAM, BENGALURU 560003 …RESPONDENTS
Digitally signed by SUMA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25388 WP No. 8628 of 2023 C/W WP No. 7290 of 2023
(BY SMT. CHANDINI SINGH, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOs.1 AND 3;
SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER/OFFICIAL NOTE DATED 10.02.2022 BEARING NO.Aa.PRA.MU.Aa.SAM(Aa.Sam.Ni) BI.3.SALES.CR-13/2019.20 VIDE ANNEXURE-A AND ETC. IN WP NO. 7290/2023 BETWEEN:
1. SMT. YASHODAMMA W/O LATE MAHALINGAPPA, AGED ABOUT 50 YEARS, R/AT MASOOR MAIN ROAD, SHIKARIPURA TOWN, SHIVAMOGGA-577427
2. SRI. CHANDAN S/O LATE MAHALINGAPPA, AGED ABOUT 30 YEARS, R/AT MASOOR MAIN ROAD, SHIKARIPURA TOWN, SHIVAMOGGA-577427 ...PETITIONERS (BY SRI. SACHIN B.S., ADVOCATE) AND:
1. THE SPECIAL LAND ACQUISITION OFFICER SITE NO. C. A. (1B), GROUND FLOOR, P.B. ROAD, OPPOSITE TO DISTRICT ADMINISTRATION BHAVAN, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, KAROOR, DAVANAGERE. 2. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND
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HC-KAR NC: 2026:KHC:25388 WP No. 8628 of 2023 C/W WP No. 7290 of 2023
INDUSTRIES, VIKAS SOUDHA BANGALORE-560001 REPRESENTED BY SECRETARY
3. DEPUTY CONSERVATOR OF FOREST SHIVAMOGGA DISTRICT, SHIVAMOGGA. AS PER COURT ORDER DATED 05.04.2023, RESPONDENT NO.3 INCLUDED AS PARTY ...RESPONDENTS (BY SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR RESPONDENT NO.1; SMT.
CHANDINI SINGH, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO DETERMINE AND PAY THE COMPENSATION IN RESPECT OF THE EXISTING STANDING SANDALWOOD TREES IN THE SCHEDULE PROPERTY BY CONSIDERING THE REPRESENTATION FILED BY THE PETITIONER DATED 17.01.2023 AS PER THE ANNEXURE-A AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER
The petitioner has sought for a writ in the nature of certiorari to quash the order/official note dated 10.02.2022 bearing No.Aa.Pra.Mu.Aa.Sam. (Aa.Sam.Ni.) Bi.3.Sales.CR- 13/2019 (Annexure A) and the notice dated 17.10.2022
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HC-KAR NC: 2026:KHC:25388 WP No. 8628 of 2023 C/W WP No. 7290 of 2023
bearing No.KIADB/BHUSWA/DA/ Shi.Shi.Ra.Railway/ Phase/ 1/ 2/ Haliyuru / 2019-20 issued by the respondent No.2 (Annexure - B), in so far as it relates to assessing the compensation for the sandalwood trees situated on the property that was acquired.
2. When this petition is listed for orders, the learned counsel for the petitioner submitted that the office note dated 10.02.2022 at Annexure - A was challenged in W.P.No.5000/2023 and the same was allowed in terms of an
order dated 29.01.2025.
3. Being aggrieved by the said order, the petitioners filed W.A No.680/2025 and the division bench, in terms of an
order dated 19.02.2026, directed the National Highway Authority not to dispose of the sandalwood trees till orders are passed by the arbitrator.
4. The learned counsel for the petitioner therefore submits that in view of the order passed by the Division Bench, this petition would not survive for consideration and the petitioner may also be relegated before the Civil Court.
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HC-KAR NC: 2026:KHC:25388 WP No. 8628 of 2023 C/W WP No. 7290 of 2023
5. In that view of the matter, this petition is disposed of reserving liberty to the petitioner to approach the District Court seeking compensation for the sandalwood trees that were existing on the land acquired.
In W.P.No.7290/2023
6. The petitioners have sought for a writ in the nature of mandamus to direct the respondents to consider the representation dated 10.01.2023 filed by petitioner No.2 and also to determine the value of the sandalwood trees that stood on their property bearing Sy.Nos.1130 and 1126 situated at Begur village, Hosur Hobli, Shikaripura Taluk, Shivamogga District.
7. It is contended that the said representation is not considered and therefore it is prayed that a direction be issued to respondent No.1 to determine the value of the sandalwood trees.
8. The learned counsel for respondent No.1 submits that the representation of the petitioner No.2, if it is in accordance with law would be considered in accordance with law.
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HC-KAR NC: 2026:KHC:25388 WP No. 8628 of 2023 C/W WP No. 7290 of 2023
9. In view of the above, this petition stands disposed off directing respondent No.1 to consider the representation of the petitioner No.2 dated 10.01.2023 and if it is in accordance with law, determine the value of the sandalwood trees that stand on the properties mentioned above. The sandalwood trees, if any, standing on the aforesaid properties shall be cut, properly weighed and valued after obtaining the opinion of respondent No. 3/Deputy Conservator of Forests.
10. The same shall be complied within a period of three months from the date of receipt of a copy of the order.
11. In view of disposal of main petition, I.A.No.1/2026 does not survive for consideration and the same stands rejected.
Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 6