- 1 - HC-KAR CNR: KAHC010148732026 NC: 2026:KHC:44337-DB WA No. 693 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 693 OF 2026 (GM-FOR) BETWEEN: 1. SHRI H.K. SURESHA S/O LATE KENCHAPPA AGE ABOUT 53 YEARS OCC: AGRICULTURIST R/O. HARAMAGHATTA VILLAGE HOLALURU-I HOBLI - 577 216 SHIVAMOGGA TQ. & DIST …APPELLANT (BY SRI S.B. SHAIKH, ADVOCATE FOR SRI SYED KHADER NAWAZ.,ADVOCATE [VC]) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001 2. DISTRICT LEVEL FOREST RIGHTS COMMITTEE SHIVAMOGGA DISTRICT, SHIVAMOGGA REPRESENTED BY ITS CHAIRMAN Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010148732026 NC: 2026:KHC:44337-DB WA No. 693 of 2026 THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRCT SHIVAMOGGA - 577 201 3. THE SUB DIVISIONAL FOREST RIGHTS COMMITTEE SHIVAMOGGA SUB DIVISION, SHIVAMOGGA REPRESENTED BY ITS CHAIRMAN THE ASST. COMMISSIONER SHIVAMOGGA SUB DIVISION SHIVAMOGGA - 577 201 4. THE HARAMAGHATTA VILLAGE FOREST RIGHTS COMMITTEE, HOLALURU HOBLI SHIVAMOGGA TALUK SHIVAMOGGA DISTRCT - 577 201 REPRESENTED BY ITS CHAIRMAN 5. SRI KALLESHWARA AND ANJANEYA SWAMY SEVA SAMITHI HARAMAGHATTA REPRESENTED BY ITS CHAIRMAN SRI SHASHIKANTHA S/O RANGAPPA AGE ABOUT 54 YEARS R/O. SOMINAKOPPA HOLALURU HOBLI SHIVAMOGGA TQ. & DISTRICT - 577 202 6. THE TAHASILDHAR SHIVAMOGGA TALUK SHIVAMOGGA - 577 201 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1 TO R-3 AND R-6) - 3 - HC-KAR CNR: KAHC010148732026 NC: 2026:KHC:44337-DB WA No. 693 of 2026 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 08/12/2025 PASSED IN W.P. NO.9466/2023 (GM-FOREST) ON THE FILE OF THIS HON'BLE HIGH COURT OF KARNATAKA, AND ALSO TO SET ASIDE THE ORDER DATED 30/01/2023 PASSED BY THE SECOND RESPONDENT PRODUCED AS PER ANNEXURE-N, BY ALLOWING THE WRIT APPEAL & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. This is an application-I.A.No.3/2026 seeking recall of the order dated 05.08.2026 whereby, the above captioned appeal was dismissed in default. 2. It is also relevant to note that the said appeal was filed on 24.02.2026 and was listed before the concerned Registrar on four occasions for curing the defects. However, the same had not been cured. 3. Notwithstanding the same, we have heard the learned counsel for the appellant on merits. - 4 - HC-KAR CNR: KAHC010148732026 NC: 2026:KHC:44337-DB WA No. 693 of 2026 4. The appellant has filed the present appeal impugning an order dated 08.12.2025 passed by the learned Single Judge in W.P.No.9466/2023 (GM-FOR). 5. The appellant had filed the said petition impugning an order dated 30.01.2023 passed by respondent No.2 (District Level Forest Rights Committee, Shivamogga District) [Committee]. The said committee by resolution dated 13.03.2015 recognized that the appellant was vested with forest rights over land measuring 4 acres and 18 guntas comprising in Survey No.38 of Haramaghatta Village and accordingly, granted such rights under the provisions of Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Subsequently, it was found that the appellant had secured the said order by suppressing the fact that he was holding Hiduvali land sanctioned by the Government. 6. In view of the aforesaid, the Committee instructed the Sub- Division Level Forest Right Committee, Shivamogga to conduct an inquiry, who in turn, directed the Tahsildar, Shivamogga to submit a report. Accordingly, the Tahsildar Shivamogga had submitted the report stating that the appellant was holding Bagar Hukum lands in - 5 - HC-KAR CNR: KAHC010148732026 NC: 2026:KHC:44337-DB WA No. 693 of 2026 Sy.No.64 (1 acre and 5 guntas); Sy.No.67 (1 acre and 20 guntas) and his wife Smt.Kavita Suresh also held 2 acres and 20 guntas in Sy.No.18 in Haramagatta village. 7. In view of the report, the Committee came to the conclusion that the appellant was not dependent on the forest land and accordingly, had decided to cancel the grant of forest rights. 8. The learned Single Judge in the aforesaid context, dismissed the writ petition finding that there was no infirmity in the order dated 30.01.2023 passed by the concerned authority. 9. The learned counsel appearing for appellant submits that the authority had no jurisdiction to review its own earlier order and this vitiates the order dated 30.01.2023. 10. We do not find any merit in the said contention. If the appellant had obtained the declaration of forest rights by suppressing material facts as found by the concerned authorities, the authority could not be said to be without jurisdiction to take remedial steps upon such suppression being brought to his notice. - 6 - HC-KAR CNR: KAHC010148732026 NC: 2026:KHC:44337-DB WA No. 693 of 2026 11. In view of the above, I.A.No.3/2026 is allowed and the order dated 05.08.2026, whereby the appeal was dismissed for default is recalled. Having heard on merits, the appeal stands dismissed. 12. Pending interlocutory applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KPS, List No.: 1 Sl No.: 23