- 1 - HC-KAR NC: 2026:KHC:27371 WP No. 10503 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.10503 OF 2022 (KLR-RES) BETWEEN: 1. SRI. M.J. JOHN S/O. SRI. JOSEPH, AGED ABOUT 64 YEARS, ENNETHODI HOUSE, KONALU VILLAGE, KADABA TALUK, DAKSHINA KANNADA DISTRICT-574 229. …PETITIONER (BY SRI. NATARAJA BALLAL A., ADVOCATE) AND: 1. DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALURU-560 001. 2. ASSISTANT COMMISSIONER PUTTUR SUB-DIVISION, PUTTUR, DAKSHINA KANNADA DISTRICT-574 201. 3. RANGE FOREST OFFICER PANJA RANGE, SULLIA TALUK, DAKSHINA KANNADA DISTRICT-574 232. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27371 WP No. 10503 of 2022 4. THE TASHILDAR PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574 201. …RESPONDENTS (BY SMT. B.P. RADHA, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.1 TO 4 TO IMPLEMENT THE SURVEY REPORT DATED 06.03.2022 VIDE ANNEXURE-H; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 23.03.2005 passed by the respondent No.2 (Annexure-D); order dated 20.02.2006 passed by the respondent No.1 (Annexure-E) and the order dated 20.11.2014 passed by Karnataka Appellate Tribunal (Annexure-F), passed by the Karnataka Appellate Tribunal, inter-alia, sought a direction to - 3 - HC-KAR NC: 2026:KHC:27371 WP No. 10503 of 2022 Respondents Nos. 1 to 4 to implement the survey report dated 06.03.2022 produced at Annexure-H. 2. Heard Sri. Nataraja Ballal A., learned counsel appearing for the petitioner and Smt. B.P. Radha, learned Additional Government Advocate appearing for the respondent-State. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, it would indicate that the petitioner claims to be in possession of the land bearing Sy. No. 124/P2 of Konalu Grama and Sy. No. 186/1 (P67) of Nellyadi Grama, Kadaba Taluk, Dakshina Kannada District. The observations made by the Karnataka Appellate Tribunal in its order dated 20.11.2014, produced at Annexure-F, indicate that the petitioner, along with the villagers, had opposed the survey in respect of the subject land. - 4 - HC-KAR NC: 2026:KHC:27371 WP No. 10503 of 2022 4. On the other hand, the respondents contend that the land in question is forest land. Undisputedly, the notification declaring the said land as forest land has not been produced before the competent authority. In that view of the matter, I am of the opinion that the jurisdictional Assistant Director of Land Records (ADLR) is required to conduct a survey of the subject land in the presence of the petitioner as well as the officers of the Forest Department. While conducting the survey, the ADLR shall also examine the notification, if any, issued by the competent authority specifying the land in question as forest land, and thereafter, take an appropriate decision in accordance with law. 5. It is also directed that the jurisdictional ADLR, Puttur, shall conduct a spot inspection as stated above after issuing prior notice to all the concerned - 5 - HC-KAR NC: 2026:KHC:27371 WP No. 10503 of 2022 parties. The spot inspection shall be conducted on 18.07.2026 at 11:00 a.m. 6. It is needless to observe that, until the consideration and disposal of the claim made by the petitioner, no precipitative action shall be taken against the petitioner in respect of the subject land. With this observation, the writ petition stands disposed of. In view of disposal of main petition, pending applications, if any, stand disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 13