Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010782572025 NC: 2026:KHC:49405 WP No. 36334 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 36334 OF 2025 (KLR-RES) BETWEEN:
1.
SMT. DEVEERAMMA D/O. LATE GUNNUR KABBALE GOWDA, W/O. LATE M.C.PUTTAIAH, AGED ABOUT 85 YEARS, RESIDING AT MOTTEDODDI VILLAGE, K.P.DODDI POST, KYLANCHA HOBLI, RAMANAGARA TALUK-562 126.
…PETITIONER (BY SRI. NATARAJA, ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT, RAMANAGARA-562 159.
2.
THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGARA- 562 159.
3.
THE TAHSILDAR, RAMANAGARA TALUK,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010782572025 NC: 2026:KHC:49405 WP No. 36334 of 2025
RAMANAGARA DISTRICT-562 159.
4.
SRI. JAVARAYI GOWDA, S/O. LATE MARIYELLE GOWDA, AGED ABOUT 70 YEARS, RESIDING AT MOTTEDODDI VILLAGE, K.P.DODDI POST, KYLANCHA HOBLI, RAMANAGARA TALUK-562 126.
…RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1 TO R3;
SRI .RAJESH A., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.11.2023, IN R.P.NO.51/2015-16 PASSED BY THE 1ST RESPONDENT AS PER ANNEXURE -H AND ALSO TO QUASH THE IMPUGNED ORDER PASSED BY THE 3RD RESPONDENT IN RRT(DIS)-149/2023-24 AS PER ANNEXURE – J; AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR
CNR: KAHC010782572025 NC: 2026:KHC:49405 WP No. 36334 of 2025
ORAL ORDER
Heard the learned counsel appearing for the parties.
2. In this writ petition, the petitioner is assailing the
order dated 17.11.2023 passed in R.P. No.51/2015-16 by respondent No.1, produced as Annexure-H, and the
order dated 02.06.2025 passed by respondent No.3, produced as Annexure-J.
3. Having taken note of the submissions made by the learned counsel appearing for the parties, it is forthcoming that the petitioner claims to have purchased the subject land from the private respondent. Perusal of the impugned order at Annexure-H would indicate that the land belonging to the Forest Department appears to have covered the land said to have been purchased by the petitioner. Therefore, respondent No.1 has rightly remitted the
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HC-KAR
CNR: KAHC010782572025 NC: 2026:KHC:49405 WP No. 36334 of 2025
matter to respondent No.3 to verify the relevant records and take an appropriate decision in accordance with law.
4. In that view of the matter, I am of the opinion that the order passed by respondent No.1 does not call for interference, as the same is just and proper. However, the matter requires fresh consideration by respondent No.3 after verifying the relevant records and determining the nature and status of the subject land, particularly as to whether the land in question falls within the purview of the Reserved Forest.
5. Accordingly, the
order dated 02.06.2025, produced as Annexure-J, passed by respondent No.3 is set aside and the matter is remitted to respondent No.3 for fresh consideration.
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HC-KAR
CNR: KAHC010782572025 NC: 2026:KHC:49405 WP No. 36334 of 2025
6. It is open to the parties to produce all necessary documents and materials before respondent No.3. Respondent No.3 shall consider the documents produced by the parties, examine the relevant records, including the records pertaining to the Forest Department, and pass a reasoned and speaking order in accordance with law, specifically recording a finding as to the nature and status of the subject land and whether the same falls within the purview of the Reserved Forest.
7. With this observation, the writ petition stands
disposed of.
Sd/- (E.S.INDIRESH) JUDGE
SB; List No.: 1 Sl No.: 19