- 1 - HC-KAR CNR: KAHC010019122023 NC: 2026:KHC:54511 WP No. 802 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 802 OF 2023 (GM-RES) BETWEEN: 1. SRI. MANJUNATH H.P, S/O LATE PANCHANNA, AGED ABOUT 37 YEARS, OCC: AGRICULTURIST. 2. SRI. UMASHANKAR H.P, S/O LATE PANCHANNA, AGED ABOUT 32 YEARS. BOHT ARE R/AT HAGALAVADI VILLAGE AND POST, GUBBI TALUK, TUMKUR DISTRICT - 572 222. …PETITIONERS (BY SRI. SURESH D DESHPANDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF FORESTS, VIKASASOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE AUTHORISED OFFICER AND ASSISTANT CONSERVATOR OF FORESTS, TIPTUR SUB-DIVISION, TIPTUR, TUMKUR DISTRICT - 572 222. 3. THE RANGE FOREST OFFICER, BUKKAPATNA RANGE, BUKKAPATNA, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010019122023 NC: 2026:KHC:54511 WP No. 802 of 2023 SIRA TALUK, TUMKUR DISTRICT - 572 222. 4. CHIEF CONSERVATOR OFFICER AND APPELLATE AUTHORITY, HASSAN CIRCLE, HASSAN - 573 201. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; R2, R3, R4 - SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CR.P.C PRAYING TO QUASH THE FIRST INFORMATION REPORT REGISTERED BY THE R-3 DATED 05.08.2022 IN NO.FOC:05/2022-23 (ANNEXURE-M). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Suresh D Deshpande, learned counsel for the petitioners and Smt.Waheeda M.M., learned High Court Government Pleader for respondent No.1. 2. Petitioners have filed the present petition under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. with the following prayers: - 3 - HC-KAR CNR: KAHC010019122023 NC: 2026:KHC:54511 WP No. 802 of 2023 "a) Issue a writ in the nature of certiorari to quash the First Information Report registered by the Respondent No.3 dated 05.08.2022 in No.FOC:05/2022-23 (Annexure-M); b) grant such other reliefs as this Hon'ble Court may deems fit to grant in the circumstances of the case, in the interest of justice and equity." 3. Annexure-M is the complaint which is now sought to be quashed. In Annexure-M, in column No.4, it has been mentioned that the petitioners herein are in cultivation of land in Sy.No.55 which is a forest land of Shivaramapura in Bukkapatna. 4. According to Sri.Suresh D Deshpande, in respect of the very same land and occupation of the petitioners thereof, proceedings were initiated and an order of eviction came to be passed which was appealed before the Appellate Authority and appeal of the petitioners came to be allowed and matter is remitted to Assistant Conservator of Forest for fresh enquiry, in accordance with law. - 4 - HC-KAR CNR: KAHC010019122023 NC: 2026:KHC:54511 WP No. 802 of 2023 5. According to Sri.Suresh D Deshpande, since no action has been taken by the Assistant Conservator of Forest, post remand, based on the earlier eviction order, the complaint lodged by the Range Forest Officer is thus without jurisdiction and sought for allowing the petition. 6. Per contra, Smt.Waheeda M.M., learned High Court Government Pleader for respondent No.1 would contend that admittedly, the land in occupation is the forest land and therefore, petitioners are unauthorised occupants of the forest land and hence liable for prosecution. 7. Having heard the arguments of both sides, this Court perused the material on record meticulously. 8. On such perusal of the material on record, it is noticed that the eviction proceedings initiated by the Assistant Conservator of Forest stood allowed and an appeal came to be filed and matter is remitted to the Assistant Conservator of Forest for fresh enquiry, after allowing the appeal of the petitioners herein. As such, at present, petitioners cannot be - 5 - HC-KAR CNR: KAHC010019122023 NC: 2026:KHC:54511 WP No. 802 of 2023 termed as persons who are in unauthorised occupation of the forest land. 9. After the necessary orders are passed by the Assistant Conservator of Forest, if there is a violation and if the petitioners are said to be in occupation of the forest land unauthorisedly, the forest officials are at liberty to proceed against the petitioners for the relevant offences. 10. With that liberty to the forest officials, the following: O R D E R [I] Petition is allowed. [II] Consequently, the First Information Report registered by Respondent No.3 dated 05.08.2022 in No.FOC:05/2022-23 stands quashed. Sd/- (V SRISHANANDA) JUDGE CBC List No.: 1 Sl No.: 46