- 1 - HC-KAR NC: 2026:KHC:2361 WP No. 52137 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 52137 OF 2019 (GM-FOR) BETWEEN: CHANDRASHEKAR S/O A.H. NAGA NAIKA AGED ABOUT 45 YEARS R/AT GUBBINA JEDU, PUNAJE VILLAGE HOSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 418. …PETITIONER (BY SRI. PRUTHVI WODEYAR.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF FOREST M.S. BUILDING BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY. 2. THE CHIEF CONSERVATOR OF FOREST SHIVAMOGGA DIVISION SHIVAMOGGA - 577 201. 3. THE DEPUTY CONSERVATOR OF FOREST SHIVAMOGGA - 577 201. 4. THE ASSISTANT CONSERVATOR OF FOREST HOSANAGARA SUB DIVISION, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 418. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2361 WP No. 52137 of 2019 5. THE RANGE FOREST OFFICER MARUTHIPURA BRANCH, HOSANAGARA RANGE, HOSANAGARA, SHIVAMOGGA DISTRICT - 577 418. 6. THE DEPUTY COMMISSIONER SHIVAMOGGA - 577 201. 7. THE TAHASILDAR HOSANAGARA TALUK, HOSANAGARA, SHIVAMOGGA DISTRICT - 577418. 8. FOREST RIGHTS COMMITTEE OFFICE OF ASSISTANT COMMISSIONER SAGAR SUB-DIVISION SAGAR - 577 401 REP. BY ITS CHAIRMAN. …RESPONDENTS (BY SMT. B.P. RADHA., AGA FOR R1 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.11.2019 PASSED BY THE R-4 VIDE ANNEXURE-H; DIRECT THE R-7 TO CONSIDER AND PASS ORDERS ON THE APPLICATION FILED BY THE PETITIONER IN FORM NO.50 AND 53 VIDE ANNEXURE-A1, A2 AND A3. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:2361 WP No. 52137 of 2019 ORAL ORDER Petitioner is before this Court being aggrieved by the order dated 14.11.2019 passed by the respondent No.4, in and by which, the respondent No.4 had directed the petitioner to vacate the land in question immediately after receipt of the said order, failing which action would be initiated against the petitioner under Section 64(A) of the Karnataka Forest Act, 1963 (for brevity "the Act"). 2. Learned counsel for the petitioner referring to copy of RTC extract produced at Annexure-A submits that total extent of land in Sy.No.39 of Punaje Village, Kasaba Hobli, Hosanagara Taluk is 236 acres 17 guntas of which, an extent of 175 acres has been notified as forest by the respondent-State under Section 17 of the Act, vide order dated 09.12.1994 as per Annexure-C. Referring to page 4 of the said notification produced at Annexure-C1, learned counsel points out that an extent of 10 acres of land has been granted under the Karnataka Land Grant Rules, 1969 and another extent of 15 acres is under unauthorised - 4 - HC-KAR NC: 2026:KHC:2361 WP No. 52137 of 2019 occupation. Thus, he submits that land measuring 11 acres 16 guntas falls outside the notified land. 3. He further submits that on earlier occasion the petitioner had filed a writ petition in W.P.No.28508/2019 aggrieved by the order passed by the Assistant Conservator Officer of Forest under Section 64 of the Act. Said writ petition was disposed of on 06.08.2019 upon submission made by learned counsel for the petitioner therein that petitioner had filed an application in Form-A under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 (for brevity "Rules 2008") and since the said application was still pending consideration, and order impugned thereunder had been passed under the provisions of the Act, a liberty was sought for a direction to the respondent -authorities to constitute a Committee of the respondent-authority to dispose of the application filed by the petitioner under Rules, 2008. Accordingly, the said writ petition was disposed of directing the respondent - 5 - HC-KAR NC: 2026:KHC:2361 WP No. 52137 of 2019 thereunder to consider the application filed by the petitioner by passing a speaking order within a period of two months. 4. Further, he submits that Annexure-H is the order dated 14.11.2019 which is purportedly passed in furtherance to the said direction issued by the Co-ordinate Bench of this Court. However, the said order is without reference to the application filed under the provisions of Rules, 2008 and is mere reiteration of the earlier order passed under Section 64(A) of the Act. Therefore, he submits that the application filed by the petitioner under Rules, 2008 is still pending consideration and same has not been disposed of. 5. In response, learned AGA on instructions submits that though this Court had on earlier occasion by its order dated 06.08.2019 passed in W.P.No.28508/2018 had directed the concerned committee to dispose of the application filed by the petitioner under Rules, 2008 no - 6 - HC-KAR NC: 2026:KHC:2361 WP No. 52137 of 2019 such committee has been formed. As such, the said application is still pending consideration. She submits that given some time appropriate orders on the said application would be passed. 6. Submission is taken on record. 7. Perusal of Annexure-H in the light of facts narrated above would indicate that respondent No.4/ Assistant Conservator of Forest has merely reiterated his earlier order passed under Section 64(A) of the Act. Though under reference No.4 he has mentioned the order dated 06.08.2019 passed by this Court in W.P.No.28508/2018 however the direction issued thereunder has not been complied with. 8. Be that as it is. In light of the submission made by the learned AGA that appropriate order would be passed on the application filed by the petitioner under the provisions of Scheduled Tribes and Other Traditional - 7 - HC-KAR NC: 2026:KHC:2361 WP No. 52137 of 2019 Forest Dwellers (Recognition of Forest Rights) Rules, 2008, petition is partly allowed with the following directions; (i) Order dated 14.11.2019 passed by the respondent No.4 as per Annexure-H is quashed. (ii) Respondent No.8/Forest Rights Committee, shall pass appropriate orders upon application in Form- A under the provisions of Rules, 2008 by the petitioner within an outer limit of 6 months from the date of receipt of certified copy of this order. (iii) Since the petitioner has also sought for a direction to consider his applications filed under Form Nos.50 and 53 as per Annexures-A1, A2, A3 which are essentially filed under the Land Grant Rules, respondent No.7/Tahsildar shall also examine whether or not the land which is in occupation by the petitioner falls within area notified as a forest area or outside area as seen at page 4 of the notification and pass a speaking order in that regard. - 8 - HC-KAR NC: 2026:KHC:2361 WP No. 52137 of 2019 (iv) Since this Court on an earlier occasion directed the respondent No.4 not to precipitate the matter until disposal of the application, even in the instant case respondent-authority shall not precipitate the matter until disposal of applications as directed above. All pending applications are disposed of in view of disposal of this petition. Sd/- (M.G.S. KAMAL) JUDGE RL, RU List No.: 1 Sl No.: 17