- 1 - HC-KAR NC: 2026:KHC:5737-DB WA No. 557 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 557 OF 2023 (GM-FOR) BETWEEN: R RAMANATHAN AGED ABOUT 62 YEARS, S/O LATE RAMANATHAN CHETTIAR, R/O BALEKAD ESTATE, NARGANE VILLAGE, SUNTIKOPPA HOBLI, SOMWARPET TALUK, KODAGU DISTRICT REP. BY HIS POWER OF ATTORNEY HOLDER, SRI.P. SAHADEVAN, AGED ABOUT 71 YEARS, S/O M.P.C. NAMBIAR, R/O NO.3/502, III BLOCK, KUSHALNAGAR, SOMWARPET TALUK, KODAGU DISTRICT-571 234. …APPELLANT (BY SRI. M KRISHNAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR ROAD, BANGALORE-560 001. Digitally signed by RUPA V HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5737-DB WA No. 557 of 2023 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS ARANYA BHAVAN, MALLESHWARAM, BANGALORE-560 003. 3. THE CHIEF CONSERVATOR OF FORESTS, KODAGU CIRCLE, MADIKERI, KODAGU DISTRICT-571 215. 4. THE DEPUTY CONSERVATOR OF FORESTS, MADIKERI DIVISION, KODAGU DISTRICT-571 215. 5. THE ASSISTANT CONSERVATOR OF FORESTS, SUB-DIVISION, SOMAWARPET, KODAGU DISTRICT-571 236. 6. THE RANGE FOREST OFFICER, GOVERNMENT NAATA SANGRAHALAYA, ANEKADU, KUSHALNAGAR P.O AND TALUK, KODAGU DISTRICT-571 234. …RESPONDENTS (BY SRI. NEELAKANTAPPA K. PUJAR, HCGP) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND MODIFY ONLY THAT PORTION OF THE ORDER DATED 10-03- 2023/5-4-2023 OF THE LEARNED SINGLE JUDGE MADE IN WP NO.16289/2022 IN SO FAR AS IT RELATES TO AWARD OF INTEREST AT 9 PERCENT P.A., BY HOLDING THAT THE APPELLANT IS ENTITLED TO INTEREST AT 12 PERCENT PER ANNUM FROM THE RESPECTIVE DATES OF AUCTION TILL THE DATE OF ACTUAL PAYMENT ON THE PRINCIPAL AMOUNT DUE VIZ., RS. 5,16,59,015-00. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:5737-DB WA No. 557 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This intra-Court appeal is filed by the appellant under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 10.03.2023/05.04.2023 passed by the learned Single Judge in W.P.No.16289/2022 (GM-FOR). 2. Sri.M.Krishnappa, learned counsel appearing for the appellant submits that the learned Single Judge allowed the writ petition filed by the appellant following the decision rendered in the case of Y.N.RAGHUNATH Vs. THE CHIEF CONSERVATOR OF FOREST1, by directing the respondents to release the amount of the appellant insofar as the first prayer in the writ petition and insofar as the second prayer, the same to be considered by the respondents only after assessment by the Technical Committee. It is submitted that the learned Single Judge, after disposal of the writ petition, vide order dated 1 W.P.No.4974/2014 dt.05.03.2015 - 4 - HC-KAR NC: 2026:KHC:5737-DB WA No. 557 of 2023 05.04.2023 indicated the interest to be paid as 9% p.a. It is further submitted that the learned Single Judge, though relied on the decision of Y.N.RAGHUNATH, referred supra, failed to take note that the Division Bench awarded the interest at 12% p.a. and the order of the Division Bench is confirmed by the Hon'ble Supreme Court. Hence, he seeks to allow the appeal. 3. Per contra, learned High Court Government Pleader supports the order of the learned Single Judge and submits that the award of interest cannot be at 12% p.a. and seeks to restrict the same to 9% p.a., by dismissing the appeal. 4. We have heard the arguments of the learned counsel for the appellant, the learned High Court Government Pleader for the respondents and meticulously perused the material available on record. We have given our anxious consideration to the submissions advanced on both the sides. - 5 - HC-KAR NC: 2026:KHC:5737-DB WA No. 557 of 2023 5. The writ petition filed by the appellant was allowed by directing the respondent-Authorities to release the amount as sought in prayer No.1 in the writ petition, with interest at 9% p.a. The only grievance of the appellant is that the interest ought to have been 12% p.a. It is not in dispute that the learned Single Judge, under the impugned order placed reliance on the decision in the case of Y.N.RAGHUNATH referred supra, and ordered to release the amount with interest at 9% p.a. The said decision was assailed by the petitioner therein as well as the State in W.A.No.1736/2015 c/w W.A.No.1611/2015. The Co-ordinate Bench, vide order dated 28.03.2016 held that the petitioners therein are entitled to interest at the rate of 12% p.a. from the date of auction till the date of actual payment. It is noticed that the order of the Co- ordinate Bench in the aforesaid writ appeals were assailed in Special Leave to Appeal Nos.14226-14227/2016 before the Hon'ble Supreme Court. The Hon'ble Supreme Court dismissed the special leave petitions on 05.08.2016. In - 6 - HC-KAR NC: 2026:KHC:5737-DB WA No. 557 of 2023 view of the order of the Co-ordinate Bench, referred supra, we are of the considered view that on the ground of parity, the appellant is also entitled to interest at the rate of 12% p.a. from the date of auction till the date of actual payment. 6. Accordingly, the writ appeal is allowed. The respondent shall calculate the interest at the rate of 12% p.a. on the auctioned amount as ordered by the learned Single Judge, from the date of auction till payment is made and shall make the payment within a period of eight weeks from the date of receipt of copy of this order. No order as to costs. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 18