- 1 - HC-KAR NC: 2026:KHC:1901 WP No. 39270 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 39270 OF 2025 (GM-FOR) BETWEEN: 1. SRI B C MAHESH S/O LATE B.S. CHINNEGOWDA AGED ABOUT 60 YEARS, R/AT THOTADAHADALU, SARAGODU, KUNDUR, CHIKKAMAGALUR- 577 132. 2. SMT. U.D. VANAJAKSHI W/O B.C. MAHESH, AGED ABOUT 57 YEARS, R/AT THOTADAHADALU, SARAGODU, KUNDUR, CHIKKAMAGALUR- 577 132. &PETITIONERS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, REPRESENTED BY ITS Digitally signed by SARITHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1901 WP No. 39270 of 2025 UNDER SECRETARY, VIDHANA SOUDHA BUILDING, BENGALURU-560 001. 2. FOREST SETTLEMENT OFFICER FOREST LODGE, GAVANAHALLI, SRINIVAS NAGAR, CHIKKAMAGALURU CHIKKAMAGALURU-577 101. 3. DEPUTY CONSERVATOR OF FORESTS CHIKKAMAGALURU DIVISION, D DEVARAJ URS BHAVAN, AIT COLLEGE ROAD, CHIKKAMAGALURU-577 102. &RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE NOTIFICATION DATED 19.03.1994 BEARING NO. FEE.41 FAF 93 ISSUED BY RESPONDENT NO. 1 VIDE ANNEXURE-E INSOFAR AS THE PETITIONERS SUBJECT LAND IS CONCERNED; B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE NOTICE DATED 04.10.2025 BEARING NO. A.VYA. - 3 - HC-KAR NC: 2026:KHC:1901 WP No. 39270 of 2025 (CHI.MA.)/SA.(2)C.R./6/22-23 ISSUED BY RESPONDENT NO. 2 VIDE ANNEXURE-N INSOFAR AS THE PETITIONERS SUBJECT LAND IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners assert ownership of two parcels of land measuring 3 acres 2 guntas and 2 acres 5 guntas in Sy. No.124 of Saragodu Village, Chikkamagaluru Taluk, Chikkamagaluru District. The petitioners are aggrieved by the notice dated 04.10.2025 [Annexure-N] issued by the second respondent under Section 7 of the Karnataka Forest Act, 1963 [for short, 'the Act']. 2. Sri Shivaprasad Shantanagoudar, the learned counsel for the petitioners, submits that; - 4 - HC-KAR NC: 2026:KHC:1901 WP No. 39270 of 2025 [a] the petitioners have been issued with saguvali chits in the year 1978 for their respective portions, [b] the petitioners have been in possession of their corresponding lands without any claim by the Department of Forests. [c] the impugned notice is issued in October 2025 and the petitioners have responded to such notice, [d] the inquiry contemplated under Section 7 of the Act is not complete, and even if there is extinguishment of rights as contemplated under Section 9 of the Act after conclusion of the inquiry or an order as contemplated under Section 11 thereof, the petitioner will have the appellate remedy as - 5 - HC-KAR NC: 2026:KHC:1901 WP No. 39270 of 2025 contemplated under Section 16 of the Act. 3. Sri Shivaprasad Shantanagoudar submits that when the enquiry is still pending, the second respondent acting under the impugned notice is trying to dispossess the petitioners, and the learned counsel submits that the petitioners' grievance would be redressed if the petition is disposed of with this Court directing the second respondent, or the other respondents, not to dispossess the petitioners unless there are concluded proceedings pursuant to the impugned notice. Sri B Ravindranath, the learned Additional Government Advocate, who appears for the respondents, cannot dispute that the impugned notice cannot be a cause for dispossession unless there are concluded proceedings. 4. Further, this Court opines that if the enquiry is still underway and unless there is an extinguishment of rights as contemplated under 9 of - 6 - HC-KAR NC: 2026:KHC:1901 WP No. 39270 of 2025 the Act, the second respondent or the authorities cannot dispossess the petitioners. The submission on behalf of the respondents that there is no effort to dispossess the petitioners on the basis of the impugned notice, assumes significance in the light of the afore. As such, the following: ORDER The petition stands disposed of stipulating that the respondents shall not, acting under the impugned notice dated 04.10.2025 [Annexure-N], dispossess the petitioners, but they shall not be impeded by this order in entering upon the petitioners' asserted lands for the purposes of the enquiry. Sd/- (B M SHYAM PRASAD) JUDGE AN/-