Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010032242026 NC: 2026:KHC:38179 WP No. 1518 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1518 OF 2026 (GM-FOR) BETWEEN:
DURGADA RAJEGOWDA, S/O DYAVEGOWDA, AGED ABOUT 75 YEARS, R/A NO.4/8, CRESENT ROAD, KUMARA PARK EAST, BENGALURU - 560 001. …PETITIONER (BY SRI. RAHUL S. REDDY, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF FOREST ENVIRONMENT AND ECOLOGY, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE CHIEF CONSERVATOR OF FOREST ARANYA BHAVAN, MALLESHWARAM, BANGALORE - 560 003.
3.
THE DEPUTY CONSERVATOR OF FOREST, BANGALORE RURAL DIVISION, KENGERI HOBLI, B.M.KAVAL,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010032242026 NC: 2026:KHC:38179 WP No. 1518 of 2026
BENGALURU - 560 060. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE LETTER DATED 17/09/2025 IN NO.FEE/4/FGL/2025 ISSUED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, FOREST, ECOLOGY AND ENVIRONMENT DEPARTMENT TO THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, VIDE ANNEXURE-G AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN '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: a. Issue a writ of certiorari by quashing The letter dated 17/09/2025 in No.FEE/4/FGL/2025 issued by the Principal Secretary to the Government, Forest, Ecology and Environment Department to the Deputy Commissioner Bangalore Rural District, vide Annexure-G. b. Grant such other reliefs that this Hon'ble Court deems fit to be grant in the
facts and circumstances of the case, in the interest of Justice and Equity.
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HC-KAR
CNR: KAHC010032242026 NC: 2026:KHC:38179 WP No. 1518 of 2026
2. Essentially what has been challenged by the petitioner is an internal communication between the Principal Conservator of Forest and the Deputy Commissioner, Bangalore Urban. As such, the writ petition cannot be maintainable.
3. The said communication only indicates that a survey of the land in Survey No.85 (New No.289) B.M.Kaval, Kengeri Hobli, Bengaluru South Taluk is required to be carried out to ascertain if there are any encroachments on the said land. Petitioner claims that 5 acres of land in the said survey number has been granted to the petitioner.
4. Be that as it may, what is required to be ascertained is whether it comes within the said land in Survey No.85 or not. The aspect of the grant being valid or not would have to be considered subsequently.
5. On enquiry with the learned Additional Government Advocate as to whether the survey has been carried out, she submits that so far the survey has not been carried out. Considering that there are several other persons against whom allegations of encroachment have been made, it would be in the interest of all concerned that a survey be carried out after issuance
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HC-KAR
CNR: KAHC010032242026 NC: 2026:KHC:38179 WP No. 1518 of 2026
of notice to all claimants and/or encroachers on the aforesaid Survey No.85.
6. In that view of the matter, the respondent No.3 with the assistance of the jurisdictional ADLR is directed to carry out a survey of the entire land in Survey No.85, B.M.Kaval, Kengeri Hobli, Bengaluru South Taluk commencing from 10.30 a.m. on 07.09.2026 after issuing at least seven days' notice to all other claimants or encroachers of the said survey number. The survey work is to be continued until completion thereof.
7. Since the order is passed in the presence of the counsel for the petitioner, the petitioner would be free to participate in the said survey to be carried out.
8. In the event of there being any change in the date and time of the survey, the respondents would have to inform the petitioner about such a change.
9. With the above observations, the petition stands
disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM/List No.: 1 Sl No.: 42