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2026 DAILYLAW 37789 (KAR)

B.H.NARENDRA PAI v. THE STATE OF KARNATAKA

WP/19453/2025 · 2026-08-31

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010415862025 NC: 2026:KHC:47378 WP No. 19453 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19453 OF 2025 (GM-FOR) BETWEEN: 1. B.H.NARENDRA PAI S/O LATE B. DAYANANDA PAI, AGED ABOUT 74 YEARS, R/AT R.G. ROAD, CHIKKAMAGALURU-577 101. … PETITIONER (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY FOREST DEPARTMENT M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE COMPETENT AUTHORITY AND ASSISTANT CONSERVATOR OF FOREST, BHADRA WILD LIFE SUB- DIVISION, CHIKKAMAGALURU-577 101. 3. THE RANGE FOREST OFFICER, BHADRA WILD LIFE RANGE, MUTHODI, CHIKKAMAGALURU TALUK AND DIST-577 101. … RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORERI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTIONS ORDER QUASHING THE ANNEXURE-N THAT IS ORDER DATED 28-04-2025 PASSED BY THE AUTHORIZED OFFICER AND Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010415862025 NC: 2026:KHC:47378 WP No. 19453 of 2025 ASSISTANT CONSERVATOR OF FOREST, BHADRA WILDLIFE SUB- DIVISION CHIKKAMAGALURU IN S.A.SAM/BHAVAJIHUVICHI/ ENCROACHMENT/01/2025-26 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents no.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: a) Issue a Writ of certiorari or any other appropriate writ or order or directions order quashing the Annexure-N that is order dated 28-04-2025 passed by The Authorized Officer and Assistant Conservator of Forest, Bhadra, Wildlife Sub-Division Chikkamagaluru, in S.A.SAM/BHAVAJIHUVICHI/ Encroachment/ 01/2025-26 in the interest of justice and equity. b) Grand such other relief/s as this Hon'ble Court may deem fits under these circumstances of the case, in the interests of justice and equity. 3. By way of Annexure-N, the petitioner had been directed to vacate the property held in his possession in Survey No.43. It is the said order which is challenged by the petitioner. - 3 - HC-KAR CNR: KAHC010415862025 NC: 2026:KHC:47378 WP No. 19453 of 2025 4. The submission of Sri Girish B.Baladare, learned counsel for the petitioner is that the petitioner being in an unauthorised occupation of the land had made an application for grant of that land and without considering the application for grant of land impugned order at Annexure-N has been passed. 5. Smt.Saritha Kulkarni, learned AGA submits that the entire land in Survey No.43 has been reserved for the Core or Critical Tiger Habitat of Bhadra Tiger Reserve. Such being the case, the question of grant of the said land to the petitioner by the revenue authorities or otherwise would not arise. 6. Though the submission of learned counsel for the petitioner is that a survey is required to be carried out to ascertain whether the land of the petitioner forms part of the tiger reserve or not, this Court is of the considered opinion that no such survey joint or otherwise is required to be conducted inasmuch as the entire Survey No.43 having been reserved for the Critical Tiger Habitat of Bhadra Tiger Reserve, the purpose of any survey to be made of the land of the petitioner would only indicate that it would be part of Survey No.43 which is so reserved. The same would only be an empty formality. The petitioner claiming - 4 - HC-KAR CNR: KAHC010415862025 NC: 2026:KHC:47378 WP No. 19453 of 2025 to be in an unauthorised occupation of a portion of Survey No.43, the entire Survey No.43 has been reserved for the Critical Tiger Habitat of Bhadra Tiger Reserve, the question of the petitioner claiming any right over the same would not arise. There is no infirmity in the order at Annexure-N. The time granted vide Annexure-N is extended by a period of 90 days from the date of receipt of a copy of this order. 7. With the above observations, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 30