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2026 DAILYLAW 20646 (KAR)

THE PRL. SECRETARY TO GOVT., v. SMT. PAVITHRA

WP/6885/2025 · 2026-06-09

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27489 WP No. 6885 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6885 OF 2025 (GM-FOR) BETWEEN: 1. THE PRL. SECRETARY TO GOVT., DEPARTMENT OF REVENUE, KARNATAKA GOVERNMENT SECRETARIAT, M.S.BUILDING, BENGALURU - 560 001. 2. THE REGIONAL COMMISSIONER, BENGALURU RANGE, REVENUE DEPARTMENT, SHANTHINAGARA, BENGALURU - 560 027. 3. THE DISTRICT COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU - 572 101. 4. THE ASST. COMMISSIONER, MADHUGIRI SUB-DIVISION, MADHUGIRI, TUMAKURU DISTRICT - 572 132. 5. THE TAHSILDAR, SHIRA TALUK, SHIRA, TUMAKURU DISTRICT - 572 137. 6. THE RANGE FOREST OFFICER, MADHUGIRI RANGE, SHIRA TALUK, TUMAKURU DISTRICT - 572 137. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27489 WP No. 6885 of 2025 NOTE. (THE CORRECT ADDRESS IS RANGE FOREST OFFICER), SIRA RANGE, SIRA TALUK, TUMAKURU DISTRICT). 7. THE ASST. CONSERVATOR OF FORESTS, SHIRA TALUK, TUMAKURU DISTRICT - 572 137. NOTE. (THE CORRECT ADDRESS IS ASSISTANT CONSERVATOR OF FORESTS, MADHUGIRI SUB DIVISION, MADHUGIRI TUMAKURU DISTRICT). …PETITIONERS (BY SMT.SARITHA KULKARNI, AGA) AND: 1. SMT. PAVITHRA, W/O SRI. JAGANATH, MAJOR, KALAPURA GRAMA, KALAMMBELLI HOBLI, SHIRA TALUK, TUMAKURU DISTRICT - 572 125. 2. SRI. RANGAIAH, S/O LATE OBBAIAH, MAJOR, KALLALUKUNTE, HAAL DODDERI POST, KORA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT - 572 125. 3. SRI. NATARAJU, S/O LATE MADALURAPPA, BHAVANINAGAR, SHIRA TALUK, TUMAKURU DISTRICT - 572 137. 4. SRI. OBBALANARASIMAIAH, S/O RANGAIAH, MAJOR, THOVINAKERE, - 3 - HC-KAR NC: 2026:KHC:27489 WP No. 6885 of 2025 CHANNARAYANADURGA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT - 572 129. 5. SRI. LAKSHMANA, S/O LATE RAMANNA, MAJOR, KAALAAPURA, THALAGUNDA POST, SHIRA TALUK, TUMAKURU DISTRICT - 572 125. 6. SMT. PUTTAMMA, S/O LATE KARIYANNA, MAJOR, SEEBI, AGRAHARA POST, KHALAMBELLA HOBLI, SHIRA TALUK, TUMAKURU DISTRICT - 572 125. 7. SRI. A.R.RAMANNA, S/O LATE RAMAKRISHNAPPA, NEERAGUNTE MOHALLA, SHIRA TALUK, TUMAKURU DISTRICT - 572 125. …RESPONDENTS (BY SRI. THILAK ITTANGUR B.N., ADVOCATE FOR R3, R6 & R7; R1, R2, R4, R5 ARE SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS; SET ASIDE/QUASH THE ORDER DATED 18.05.2023 IN CASE NO. 272/2022 ANNX-A PASSED BY THE KARNATAKA STATE SCHEDULE CASTES AND ST COMMISSION, BENGALURU AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 4 - HC-KAR NC: 2026:KHC:27489 WP No. 6885 of 2025 ORAL ORDER 1. The petitioner is before this court seeking for the following reliefs: “WHEREFORE, on the grounds urged above and the grounds to be urged during the course of hearing of this Petition, this Hon'ble Court may be pleased to: (a) Call for records; (b) Issue a writ of certiorari or any other appropriate writ, order or direction to set aside the impugned Order dated 18.05.2023 in Case No.272 of 2022 (Annexure-A) passed by the State Scheduled Castes and Scheduled Tribes Commission, Bengaluru; and (c) ISSUE any Writ/s, Order/s, as this Hon'ble Court deems fit in the circumstances of the case.” 2. Vide the impugned order dated 18.05.2023 the Karnataka State Commission for Schedule Castes & Schedule Tribes, Bengaluru, had directed that the subject property in Sy.Nos.144, 143, 142, 70, 68, 69, 34 and 59 of Seebi Agrahara Village, Kallambella Hobli, Sira Taluk, Tumkuru District, declared that the - 5 - HC-KAR NC: 2026:KHC:27489 WP No. 6885 of 2025 said land is not forest land and directed to issue katha in favour of private respondents. 3. The ambit and operation of the Commission is only to consider any allegation and grievance as regards atrocities against persons belonging to the Schedule Castes & Schedule Tribes. The jurisdictional power of the said Commission does not extend to the forest land and for the declaration to declare that the same is not a forest land or otherwise or for a direction to de-notify the forest land and for issuance of katha. 4. The said order passed by the said Commission is completely beyond the purview of the Commission. This aspect has already been considered by this Court in W.P.No.30236/2025. The said order would be equally applicable to the present matter. As such, this Court passes the following ORDER (i) The writ petition is allowed. - 6 - HC-KAR NC: 2026:KHC:27489 WP No. 6885 of 2025 (ii) The certiorari is issued. The impugned order at Annexure-A is quashed. (iii) Liberty is reserved to the respondents to agitate all the rights before the appropriate forum having jurisdiction. SD/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 22