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2026 DAILYLAW 25180 (KAR)

UMESH v. STATE OF KARNATAKA

WP/19313/2026 · 2026-06-29

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32164 WP No. 19313 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19313 OF 2026 (GM-FOR) BETWEEN: 1. UMESH S/O. SOMEGOWDA, AGED ABOUT 50 YEARS, R/AT P. NERALEKERE VILLAGE, MAYIGONAHALLI POST, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 602 2. SMT. NINGAMMA, W/O. LATE KUMARA B, AGED ABOUT 54 YEARS, R/AT P. NERALEKERE VILLAGE, MAYIGONAHALLI POST, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 802 3. N.M SHIVAKUMAR @ SHIVA KUMAR S/O. LATE M. MALLEGOWDA, AGED ABOUT 62 YEARS, R/AT P. NERALEKERE VILLAGE, MAYIGONAHALLI POST, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 802 4. SMT. BHAGYAMMA, W/O. KUMARA N M, AGED ABOUT 52 YEARS, R/AT P. NERALEKERE VILLAGE, MAYIGONAHALLI POST, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32164 WP No. 19313 of 2026 KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 802 5. SMT. N.P PUSHPA, W/O. N.B NAGESH, AGED ABOUT 37 YEARS, R/AT P. NERALEKERE VILLAGE, MAYIGONAHALLI POST, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 802 6. SMT. PARVATHAMMA, W/O. CHINNAPPA, AGED ABOUT 62 YEARS, R/AT P. NERALEKERE VILLAGE, MAYIGONAHALLI POST, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 802 … 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, 2. THE AUTHORIZED OFFICER AND ASSISTANT CONSERVATOR OF FOREST NAGAMANGALA SUB- DIVISION, NAGAMANGALA, MANDYA DISTRICT - 571 432 3. THE TAHSILDAR, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432 … RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) - 3 - HC-KAR NC: 2026:KHC:32164 WP No. 19313 of 2026 THIS W.P. 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/123/2026-27, SAAASAM/ NAUUVI/ AKRAMA OTTUVARI/124/2026-27, SAAASAM/NAUUVI/AKRAMA OTTUVARI/130/2026-27, SAAASAM/NAUUVI/AKRAMA OTTUVARI/ 139/2026-27, SAAASAM/NAUUVI/AKRAMA OTTUVARI/141/2026-27 AND SAAASAM/NAUUVI/AKRAMA OTTUVARI/145/2026-27 ISSUED BY THE R2 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 64A(2) (1) OF KARNATAKA FOREST ACT 1963 VIDE ANNEXURES-A TO A5 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioners are before this Court seeking for the following reliefs: (a) Issue a writ of Certiorari to quash the impugned final notices dated 08.05.2026 bearing Nos.SaAsSam/NaUuVi/Akrama Ottuvari/123/2026-27, SaAsSam/NaUuVi/ Akrama Ottuvari/124/2026-27, SaAsSam/ NaUuVi/Akrama Ottuvari/130/2026-27, SaAsSam/NaUuVi/Akrama Ottuvari/139/ 2026-27, SaAsSam/NaUuVi/Akrama Ottuvari/141/2026-27 and SaAsSam/NaUuVi /Akrama Ottuvari/145/2026-27 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 64a(2) (1) of Karnataka Forest Act 1963 vide Annexures-A to A5 . - 4 - HC-KAR NC: 2026:KHC:32164 WP No. 19313 of 2026 (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 and circumstances of this case in the interest of justice and equity. 2. 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 petitioners. 3. A writ for issuance of certiorari to quash a show- cause notice is not maintainable. It is always available for the petitioners to reply to the show- cause notice, which would have to be considered by the respondents and necessary orders passed. In that view of the matter, this Court passes the following: ORDER i. The writ petition is disposed of. - 5 - HC-KAR NC: 2026:KHC:32164 WP No. 19313 of 2026 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 15.07.2026. 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 petitioners. iv. Needless to say, until orders are passed, the respondents would not be entitled to dispossess the petitioners from the aforesaid properties. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 33