- 1 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 25752 OF 2024 (KLR-RES) C/W WRIT PETITION NO. 25873 OF 2024 (KLR-RES) WRIT PETITION NO. 27650 OF 2024 (KLR-RR/SUR) IN WP No. 25752/2024 BETWEEN: 1. SRI. RAMAPPA S/O LATE ANNAYAPPA, AGED ABOUT 60 YEARS, R/O VIBHUTHIPURA, 8TH CROSS, BENGALURU EAST, BENGALURU - 560017. …PETITIONER (BY SRI. CHANDRASHEKAR H.B., ADVOCATE) AND: 1. THE CHIEF SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU - 560001. 2. THE DISTRICT COMMISSIONER CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT - 562101. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 3. ASSISTANT COMMISSIONER CHIKKABALLAPUR SUB DIVISION CHIKKABALLAPUR - 562101. 4. THE CHIEF SECRETARY FOREST DEPARTMENT VIDHANA SOUDHA BENGLAURU - 560001. 5. THE DISTRICT CONSERVATOR OF FOREST CHIKKABALLAPURA DISTRICT CHIKKABALLAPUR - 562101. 6. THE RANGE FOREST OFFICER CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT - 562101. 7. TAHSILDAR CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT - 562101. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION IN ANNEXURE -D LETTER NO.215/2004-05 IN THE NATURE MANDAMUS DIRECTING THE RESPONDENT NO.7 TO RESTORE THE NAME OF ANNAYAPPA IN COLUMN 9 AND 12(2) IN THE RTC PERTAINING TO SY.NO.25 AND 26 OF BANDAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPUR TALUK AS IT WAS STANDING EARLIER FOTHWITH IN SO FAR AS PETITONER CONCERN ONLY; ALLOW THIS PETITION WITH COSTS. - 3 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 IN WP NO. 25873/2024 BETWEEN: 1. SRI. ASHWATHAPPA S/O LATE DODDANAGAPPA, AGED ABOUT 55 YEARS, R/O MANDIKALLU HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562101. ...PETITIONER (BY SRI. CHANDRASHEKAR H.B., ADVOCATE) AND: 1. THE CHIEF SECRETARY DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560001. 2. THE DISTRICT COMMISSIONER CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562101. 3. ASSISTANT COMMISSIONER CHIKKABALLAPUR SUB DIVISION, CHIKKABALLAPUR - 562101. 4. THE CHIEF SECRETARY FOREST DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560001. 5. THE DISTRICT CONSERVATOR OF FOREST CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR - 562101. - 4 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 6. THE REANGE FOREST OFFICER CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562101. 7. TAHSILDAR CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT - 562101. ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.7 TO RESTORE THE NAME OF DODDANAGAPPA IN COLUMN 9 AND 12(2) IN THE RTC PERTAINING TO SY.NO.17, MEASURING 3 ACRES 39 GUNTAS (INCLUDING 2 GUNTAS OF KARAB LAND) OF BANDAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPUR TALUK AS IT WAS STANDING EARLIER FORTHWITH;ALLOW THIS PETITION WITH COSTS. IN WP NO. 27650/2024 BETWEEN: 1. NARAYANASWAMY M S/O LATE CHIKKAMUNISHAMAPPA, AGED ABOUT 55 YEARS, R/AT 22ND WARD, HS GARDEN, CHIKKABALLAPUR TALUK, CHIKKABALLAUR DISTRICT - 562101. ...PETITIONER (BY SRI. CHANDRASHEKAR H.B., ADVOCATE) - 5 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 AND: 1. THE CHIEF SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU - 560001. 2. THE DISTRICT COMMISSIONER CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT - 562101. 3. ASSISTANT COMMISSIONER CHIKKABALLAPUR SUB DIVISION CHIKKABALLAUPR - 562101. 4. THE CHIEF SECRETARY FOREST DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001. 5. THE DISTRICT CONSERVATOR OF FOREST CHIKKABALLAPURA DISTRICT CHIKKABALLAPUR - 562101. 6. THE RANGE FOREST OFFICER CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT - 562101. 7. TAHSILDAR CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT - 562101. ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP ) - 6 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.7 TO RESTORE THE NAME OF CHIKKAMUNISHAMAPPA IN COLUMN 9 AND 12(2) IN THE RTC PERTAINING TO SY.NO. 24, MEASURING 9 ACRES 18 GUNTAS (INCLUDING 16 GUNTAS OF KARAB LAND) OF BANDAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPUR TALUK AS IT WAS STANDING EARLIER FORTHWITH; ALLOW THIS PETITION WITH COSTS. THESE PETITIONS, 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 1. In these Writ Petitions, petitioners have sought for a writ of mandamus to direct respondent No.7 to restore the name of father of the petitioners in Column 9 and 12(2) of the RTC extracts pertaining to land bearing Sy.Nos.17, 24, 25 and 26 situated at Bandahalli Village, Mandikal Hobli, Chikkaballapur Taluk. 2. It is contended by Sri. Chandrashekar H.B., learned counsel appearing for the petitioners that the land belonging to the petitioners has not been notified by the respondent- - 7 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 authorities for the purpose of Forest Department and further it is argued that, the name of the father of the petitioners was shown in the RTC extracts for a considerable period, however, the respondent-authorities have not continued the name of father of the petitioners in the revenue records after computerisation of RTCs and as such, it is argued by the learned counsel appearing for the petitioners that writ of mandamus be issued to the respondent-authorities to enter the name of father of the petitioners in the revenue records. 3. It is also contended by the learned counsel appearing for the petitioners by referring to Annexure-R1 - the Forest Settlement Notification dated 12.06.1937, wherein the land in question has been omitted from the proposed State Forest and therefore, it is contended by the learned counsel appearing for the petitioners that the matter is squarely covered by the order passed by this Court in W.P.No.14406/2023 disposed of on 09.11.2023 (Annexure-E) and order dated 22.11.2024 in W.P.No.6889/2015 and accordingly, it is submitted that, writ of mandamus be issued to respondent-authorities to enter the name of the father of the petitioners in the revenue records. 4. Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for the respondents sought to - 8 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 justify the action of the respondent-authorities by referring to the Government Notification dated 12.06.1937 and submitted that land to an extent of 1322 acres of Bandahalli Village, Mandikal Hobli, Chikkaballapur Taluk, wherein the land bearing Sy.Nos.6, 23, 24, 25, 26 and 27 of Bandahalli Village has been shown as belonging to Forest Department and therefore, sought for dismissal of the Writ Petitions. 5. In the light of the submissions made by the learned counsel appearing for the parties, the core question to be answered is whether the land in question has been notified by the respondent-authorities as per Annexure-R1 dated 12.06.1937 and thereby belonged to Forest Department? 6. On perusal of the aforementioned Notification dated 12.06.1937, would indicate that the land bearing Sy.Nos.6, 23, 24, 25, 26 and 27 of Bandahalli Village, Mandikal Hobli, Chikkaballapur Taluk, was proposed as State Forest as per the statement-C annexed to the Notification at Annexure-R1. However, in the Notification at Annexure-R1, the land belonging to the petitioners has been omitted while issuing the Notification dated 12.06.1937. In this regard, it is relevant to extract the finding recorded by this Court with regard to the entry in respect of neighbouring land bearing Sy.No.23 of - 9 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 Bandahalli Village, Mandikal Hobli, Chikkaballapur Taluk, in W.P.No.14406/2023 disposed of on 09.11.2023, wherein paragraph Nos.6 to 10 read as follows: " 6. In the light of the submission made by the learned counsel appearing for the parties and on careful examination of writ papers would indicate that, the land bearing Sy.No.23 of Bandahalli Village, Chickaballapur Taluk was granted to the great grand-father of the petitioner on 30.06.1947 and the grant certificate has been produced at Annexure-B. Persuant to the same, some of the mutation and RTC extracts stand in the name of the great grand-father of the petitioner. It is also not disputed with regard to the fact that no rival claim has been made by the family members of the petitioner in respect of the subject land. 7. On careful examination of writ papers would indicate that, letter dated 10.11.2004 has been addressed by the 6th respondent herein to the 7th respondent herein notifying that, the said land has to be considered as deemed forest as per SL.No.27 of (Annexure-D) refers to Sy.No.23 of Bandahalli Village, Chikkaballapur Taluk, where it is stated that - 10 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 the land to an extent of 34 guntas in Sy.No.23 has been identified as a Deemed Forest. 8. It is also forthcoming from the Government order produced dated 12.06.1937 produced at (Annexure-G) wherein certain lands, situate at Bandahalli have been identified as a Deemed Forest and the Sy.No.23 has not been identified in the said Government order. In that view of the matter, it is very crystal clear that, Sy.No.23 is not a Deemed Forest Land as stated by the respondent-authorities in the order. Even if the Annexure-G as been accepted that Sy.No.23 has been notified as Deemed Forest, however, the extent of land has been stated as 34 guntas. The perusal of the grant certificate produced at Annexure-B would indicate that, the Government has granted an extent of 9 acres of land in Sy.No.23 of Bandahalli Village of Chikkaballapur Taluk to the great grand father of the petitioner. In that view of the matter, I am of the view that, the findings recorded by both the authorities stating that, the land in question has been regarded as the Deemed Forest cannot be accepted. With the background of these aspects, I have examined the findings recorded by respondent No.3 at Annexure-F, wherein it is stated that, the respondent-authorities have failed to establish that - 11 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 the Sy.No.23 has been acquired for a purpose of forest. Despite this aspect, the appeal preferred by the petitioner has been rejected, and it establish the non application of mind by respondent No.3 herein. That apart, I have also noticed the finding recorded by the respondent No.2 herein at Annexure-E, wherein, a discussion has been made with regard to the fact that Sy.No.23 is not come within the purview of the Deemed Forest. Respondent No.2 herein, based on the proposals sent by the Forest Department has arrived at a conclusion that, the entire extent of 9 acres 34 guntas have been stated to be Deemed Forest. It is seen that, Sy.No.23 is measuring to an extent of 9 acres and that shows that respondent No.2 herein has not looked into the records produced by the parties herein and has passed an order dated 08.01.2018 (Annexure-H), without considering the materials. In that view of the matter, I am of the view of that, the petitioner has made out a case for interference in this writ petition. 9. In the result, the writ petition is allowed and order dated 08.01.2018 in Appeal No.RA.20/15-16 passed by the respondent No.2 (Annexure-E) and R.A(Chikka) No.516/2008-09 dated 20.03.2015 - 12 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 passed by respondent No.3 (Annexure-F) are hereby quashed. 10. A writ of mandamus is issued to respondent No.7 to restore the entry in the name of the great grand-father of the petitioner, as the owner in possession of the land in the RTC extracts in respect of the land bearing Sy.No.23 of the Bandahalli Village, Chikkaballapur Taluk, within two months from the date of receipt of a copy of this order. Even if the land is to be considered as Deemed Forest Land, there shall be a notification issued by the appropriate authority under the statutory provision and in the absence of the same, both the authorities have arrived at a conclusion without any basis and accordingly, learned counsel appearing for the petitioner has rightly contended that both the authorities have erroneously passed an order, which is contrary to law. " 7. In that view of the matter, taking into consideration the declaration of law made in the aforementioned Order dated 09.11.2023 in W.P.No.14406/2023, the order dated 22.11.2024 in W.P.No.6889/2015 referred to by the learned counsel for the petitioners, as the land in question is not notified by the respondent-authorities, I am of the view that, - 13 - HC-KAR CNR: KAHC010534852024 NC: 2026:KHC:46445 WP No. 25752 of 2024 C/W WP No. 25873 of 2024 WP No. 27650 of 2024 the land in question cannot be considered as part of State Forest and therefore, the contentions raised by the learned counsel for the petitioners has to be accepted. 8. Accordingly, I pass the following: ORDER (i) The Writ Petitions are allowed. (ii) The respondent No.7 - Tahsildar, is directed to restore the name of the petitioners in column 9 and 12(2) of the RTC extracts in respect of the land bearing Sy.Nos. 17, 24, 25 and 26 situated at Bandahalli Village, Mandikal Hobli, Chikkaballapur Taluk, within a period of two months from the date of receipt of certified copy of this order. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 52