- 1 - HC-KAR CNR: KAHC010289912019 NC: 2026:KHC:38861 WP No. 43866 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 43866 OF 2019 (KLR-CON) BETWEEN: SRI.PARAMESHWARAPPA, S/O SRI.MURIGEPPA, AGED ABOUT 69 YEARS, R/AT N.G.HALLI, RAMAGIRI HOBLI, HOLALAKERE TALUK, CHITRADURGA DISTRICT - 577 501. …PETITIONER (BY SRI. BHAT GANAPATHY NARAYAN (GANAPATHY BHAT), ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, VANAKE OBAVA CIRCLE, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 501. 2. THE TAHSILDAR, HOSDURGA TALUK, CHITRADURGA DISTRICT - 577 527. 3. THE RANGE FOREST OFFICER, DEPARTMENT OF FOREST, HOSDURGA RANGE FOREST, HOSDURGA TALUK, CHITRADURGA DISTRICT - 577 527. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010289912019 NC: 2026:KHC:38861 WP No. 43866 of 2019 4. THE SUB DFO, DEPARTMENT OF FOREST, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 501. …RESPONDENTS (BY SRI.SPOORTHY HEGDE, HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER DATED 03.11.2018 ISSUED BY THE R-3 AS PER ANNEXURE-J TO THE R-2 IN RESPECT OF PETITION SCHEDULE LAND, CONSEQUENTLY QUASH THE IMPUGNED LETTER DATED 30.11.2018 ISSUED BY THE R-2 AS PER ANNEXURE - K 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 E.S.INDIRESH ORAL ORDER In this petition, petitioner has challenged the letter dated 03.11.2018 (Annexure-J) issued by respondent No.3 and Endorsement dated 27.12.2018 (Annexure-L) issued by respondent No.1. 2. Sri Ganapathy Bhat, learned counsel appearing for the petitioner contended that there is no material before the respondent-authorities to arrive at a conclusion that the land in question is a reserve forest. He also refers - 3 - HC-KAR CNR: KAHC010289912019 NC: 2026:KHC:38861 WP No. 43866 of 2019 to Annexure-A and submitted that, land in question has been granted and mutation entries have been made accordingly and therefore, sought for interference of this Court. 3. Per contra, learned HCGP submitted in favour of the impugned Endorsement contending that since the land in question is situate within the vicinity of the reserve forest and therefore, sought for dismissal of the petition. 4. In the light of the submissions made by the learned counsel for the parties and careful consideration of the writ papers that in the event if the land in question is declared as a reserved forest under Section 4 of the Karnataka Forest Act, 1963, then the respondent- authorities ought to have issued an appropriate notification with regard to the same. 5. In the that view of the matter, in the absence of such notification, I am of the view that the opinion - 4 - HC-KAR CNR: KAHC010289912019 NC: 2026:KHC:38861 WP No. 43866 of 2019 expressed by respondent No.1 that the land in question is a reserve forest, cannot be accepted. 6. In the light of the submissions made by learned counsel for the parties, I am of the view that, the matter be remitted to respondent No.1 to take decision in the matter in accordance with law, after verifying the original records, if any, as to the reserved forest is concerned and take a decision in the matter within a period of 2 months. Accordingly, I pass the following: ORDER i) The writ petition is allowed. ii) The letter dated 03.11.2018 (Annexure-J) issued by respondent No. 3 and all further proceedings including the Endorsement dated 27.12.2018 (Annexure-L) issued by respondent No. 1 are hereby set aside and accordingly the matter is remitted to respondent No.1 for fresh consideration. - 5 - HC-KAR CNR: KAHC010289912019 NC: 2026:KHC:38861 WP No. 43866 of 2019 iii) Respondent No.1 is directed to take a decision in the matter in accordance with law, within a period of two months from the date of receipt of certified copy of this order. Sd/- (E.S.INDIRESH) JUDGE BSV List No.: 1 Sl No.: 45