- 1 - HC-KAR NC: 2026:KHC:28447 WP No. 17281 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17281 OF 2026 (GM-FOR) BETWEEN: 1. N K DEVEGOWDA S/O. LATE KENCHEGOWDA, AGED ABOUT 73 YEARS, 2. N.D SHESHADRI, S/O. DASEGOWDA, AGED ABOUT 65 YEARS, 3. SMT. KAMALAMMA, W/O. NARASIMHEGOWDA, AGED ABOUT 60 YEARS, 4. CHANDREGOWDA, S/O. MALLEGOWDA, AGED ABOUT 71 YEARS, 5. GOVINDEGOWDA, S/O. MALLEGOWDA, AGED ABOUT 68 YEARS, ALL R/AT P. NERALEKERE VILLAGE, MAYIGONAHALLI POST, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 60 …PETITIONERS (BY SRI. SACHIN K. NAIK.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF FOREST. M.S. BUILDING,DR. B.R. AMBEKAR VEEDHI, BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28447 WP No. 17281 of 2026 2. THE AUTHORIZED OFFICER AND ASSISTANT CONSERVATOR OF FORESTS, NAGAMANGALA SUB- DIVISION, NAGAMANGALA, MANDYA DISTRICT - 571 432 3. THE TAHSILDAR, NAGAMANGALA TALUK, MANDYA DISTRICT -571 432 …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED FINAL NOTICES DATED 08/05/2026 BEARING NOS. SAAASAM/NAUUVI/AKRAMA OTTUVARI/125/2026- 27SAAASAM/NAUUVI/AKRAMA OTTUVARI/146/2026- 27SAAASAM/NAUUVI/AKRAMA OTTUVARI/144/2026- 27SAAASAM/NAUUVI/AKRAMA OTTUVARI/128/2026-27 ANDSAAASAM/NAUUVI/AKRAMA OTTUVARI/131/2026-27 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS AND THEREBY DIRECTED THEM TO VOLUNTARILY VACATE THE ALLEGED ENCROACHED PROPERTY WITHIN 15 DAYS FROM THE DATE OF THE NOTICE FAILING WHICH LEGAL ACTION WILL BE INITIATED UNDER SECTION 65A(2)(1) OF KARNATAKA FOREST ACT, 1963 VIDE ANNX- A TO A4 AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents No.1 to 3. 2. The petitioners are before this Court seeking for the following reliefs: (a) Issue a writ of Certiorari to quash the impugned final notices 08.05.2026 bearing dated Nos. - 3 - HC-KAR NC: 2026:KHC:28447 WP No. 17281 of 2026 SAAASAM/NAUUVI/AKRAMA OTTUVARI/125/2026- 27SAAASAM/NAUUVI/AKRAMA OTTUVARI/146/2026- 27SAAASAM/NAUUVI/AKRAMA OTTUVARI/144/2026- 27SAAASAM/NAUUVI/AKRAMA OTTUVARI/128/2026-27 ANDSAAASAM/NAUUVI/AKRAMA OTTUVARI/131/2026-27 and issued by the 2nd respondent to the petitioners and thereby directed them to voluntarily vacate the alleged encroached property within 15 days from the date of the notice failing which legal action will be initiated under Section 65A(2)(1) of Karnataka Forest Act, 1963 vide Annexures-A to A4. (b) Issue a writ of mandamus restraining the respondents from interfering with the peaceful possession and enjoyment of the schedule properties of the petitioners. (c) Issue any other writ, order or direction as this Hon'ble Court deems fit and proper under the facts & circumstances of this case in the interest of justice and equity. 3. The petitioners claim to be in occupation of portion of the property covered under old Survey No.128, P.Neralekere Village, Kasaba Hobli, Nagamangala Taluk, Mandya District. Respondents had issued notices under Section 64A of the Karnataka of Foresters Act, 1963 on 08.05.2026. It is this show- cause notice which has been challenged by the petitioner. 4. A writ for issuance of certiorari to quash a show- cause notice is not maintainable. It is always available for the petitioner to reply to the show- cause notice, which would have to be considered by the respondent and necessary orders passed. In that view of the matter, this Court passes the following; - 4 - HC-KAR NC: 2026:KHC:28447 WP No. 17281 of 2026 ORDER i. The writ petition is disposed of. ii. Reserving liberty to the petitioner to reply to the impugned show-cause notices, which reply shall be submitted within a period of two weeks from today i.e., on or before 25.06.2026. iii. Respondents are directed to consider the same and pass necessary orders on the said reply within a period of four weeks from the date of receipt of the said reply by affording an opportunity of hearing to the petitioner. iv. Needless to say, until orders are passed, the respondents would not be entitled to dispossess the petitioner from the aforesaid properties. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 7