- 1 - HC-KAR CNR: KAHC010547052022 NC: 2026:KHC:47351 WP No. 23836 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 23836 OF 2022 (GM-FOR) BETWEEN: 1. M K ANANTHAPADMANABHA S/O LATE M S KRISHNAMURTHY KARANTH AGED ABOUT 65 YEARS R/O B KANABURU, BALEHONNUR CHIKKAMAGALURU DISTRICT - 577 112. 2. M K LAKSHMINARAYANA S/O LATE M S KRISHNAMURTHY KARANTH AGED ABOUT 67 YEARS R/O B. KANABURU, BALEHONNUR CHIKKAMAGALURU DISTRICT - 577 112. 3. M K DATTATREYA KARANTH S/O LATE M S KRISHNAMURTHY KARANTH AGED ABOUT 46 YEARS R/O ITTIGE LAKSHMINARAYANA TEMPLE HALSOOR ROAD, BALEHONNUR CHIKMAGALURU DISTRICT - 577 112. …PETITIONERS (BY SRI. GIREESHA KODGI.,ADVOCATE) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010547052022 NC: 2026:KHC:47351 WP No. 23836 of 2022 AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, FOREST ENVIRONMENT AND ECOLOGY DEPARTMENT M S BUILDING BENGALURU - 560 001. 2. RANGE FOREST OFFICER BALEHONNUR RANGE B KANABUR, BALEHONNUR CHIKKAMAGALURU DISTRICT - 577 112. 3. ASSISTANT CONSERVATOR OF FORESTS KALASA SUB DIVISON, BALEHONNUR CHIKKAMAGALURU DISTRICT - 577 112. 4. DEPUTY CONSERVATOR OF FORESTS KOPPA DIVISON, KOPPA - 577 126 CHIKKAMAGALURU DISTRICT. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO CONDUCT JOINT SURVEY OF THE LAND AND TO IDENTIFY THE ROAD IN SY.NO.105 OF B KANABUR VILLAGE, BALEHONNUR, N R PURA TALUK, CHIKKAMAGALUR DISTRICT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR CNR: KAHC010547052022 NC: 2026:KHC:47351 WP No. 23836 of 2022 ORAL ORDER 1. Petitioners who claim to be in possession of land bearing Sy.No.105 of B. Kanabur Village, Balehonnur, N.R. Pura Taluk, Chikkamagaluru District to an extent of 4 acres and 22 guntas, since 1970 are before this Court aggrieved by the enquiry notice dated 21.11.2022 issued by respondent No.2-Range Forest Officer as per Annexure-C. 2. Case of the petitioner is that their application for regularization of occupation, is stated to be pending consideration and that by the impugned notice, respondent No.2- Range Forest Officer had alleged that land in possession of the petitioner is forest land and same has been encroached upon by the petitioner. 3. Learned counsel for the petitioner submits that though the Annexure-C is a notice, respondent No.2-Range Forest Officer even before conducting the enquiry as contemplated by under the said notice, have interfered with the possession of the petitioners and have even removed the fruit bearing trees existed on the said land. Hence, the petition. - 4 - HC-KAR CNR: KAHC010547052022 NC: 2026:KHC:47351 WP No. 23836 of 2022 4. Learned AGA, on the other hand submits that there is no cause of action for the petitioners to approach this court since the respondent No.2-Range Forest Officer has merely issued a notice of enquiry and it is open for the petitioners to appear before the respondent No.2-Range Forest Officer and furnish the documents justifying their possession over the land. 5. He further submits, if required, a joint survey will also be conducted in the presence of the petitioners and appropriate orders thereafter will be passed in accordance with law. 6. Learned counsel for the petitioners has no objections in matter being remitted to respondent No.2-Range Forest Officer. However, he submits that the interim protection granted in this matter shall be extended till determination of the matter by the respondent No.2- Range Forest Officer. 7. Submissions are placed on record. 8. In that view of the matter, following: - 5 - HC-KAR CNR: KAHC010547052022 NC: 2026:KHC:47351 WP No. 23836 of 2022 ORDER (i) Petition is disposed of. (ii) Matter is remitted to respondent No.2-Range Forest Officer. Petitioners are at liberty to submit their statement of objections along with the documents, if any, justifying their possession and respondent No.2- Range Forest Officer shall also conduct joint survey and inspection of the land with the aid of concerned ADLR with reference to the revenue records as well as the records maintained by the Forest Department in the presence of the petitioners and after affording sufficient opportunity to the petitioners, pass appropriate orders in accordance with law. (iii) Till determination by respondent No.2-Range Forest Officer, the interim order granted in this matter shall stand extended. In view of the disposal of the present petition, pending IA's, if any shall stand disposed of. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 14