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2026 DAILYLAW 26037 (KAR)

SMT LAXMI v. GOVERNMENT OF KARNATAKA

WP/23440/2025 · 2026-06-24

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31620 WP No. 23440 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.23440 OF 2025 (GM-FOR) BETWEEN: SMT. LAXMI D/O MONAPPA GOWDA, AGE ABOUT 50 YEARS, R/AT MUDALAJE MANE, BALNADU VILLAGE, PUTTURU, DAKSHINA KANNADA - 574 203. …PETITIONER (BY SRI. S. NAGABHUSHANA, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA DEPARTMENT OF FOREST, VIKASA SOUDHA, BANGALORE, BY ITS SECRETARY 2. PRINCIPAL CHIEF CONSERVATOR OF FOREST ARANYA BHAVAN, MALLESHWARAM, BENGALURU - 560 003. 3. RANGE FOREST OFFICER, PUTTURU DIVISION, NEAR KSRTC BUS STAND, NELLIKATTE PUTTURU, DAKSHINA KANNADA - 574 201. …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31620 WP No. 23440 of 2025 (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R3) THIS WP IS FILED PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 03.01.2025 AS PER ANNEXURE-E AND ISSUE NOC FOR THE ALIENATION OF THE SCHEDULE PROPERTY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "1. A writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to consider the representation dated 3-1-2025 as per Annexure-E and issue NOC for the alienation of the schedule property. 2. Such other writ or order as deemed fit under the circumstances of the case including an order for costs." 2. The grievance of the petitioner is that the representation dated 03.01.2025 as per Annexure-E for issuance of a no-objection certificate (NOC) for - 3 - HC-KAR NC: 2026:KHC:31620 WP No. 23440 of 2025 alienation of the subject property has not been issued by respondent Nos.2 and 3. 3. Though the learned Additional Government Advocate submits that no such NOC can be issued since the land is forest land, the fact remains that a representation has been submitted on 03.01.2025 and no orders have been passed thereon. If at all it is forest land, necessary orders would have had to be passed by the respondents indicating that to be so, so as to provide a recourse to the petitioner to challenge the same if deemed fit and advised. 4. Since no order has been passed on the representation dated 03.01.2025, the avenues available to the petitioner have been blocked. As such, this Court passes the following: ORDER i. Writ petition is allowed. - 4 - HC-KAR NC: 2026:KHC:31620 WP No. 23440 of 2025 ii. Mandamus is issued directing the respondents to consider the representation dated 03.01.2025 at Annexure-E and pass necessary orders within four weeks from the date of receipt of a copy of this order. iii. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner. The same would have to be decided on the basis of the applicable law. Sd/- (SURAJ GOVINDARAJ) JUDGE TMP List No.: 1 Sl No.: 36