Karnataka High Court
Sri. Anjinappa vs Conservator Of Forests on 13 November, 2025
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WP No. 7193 of 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 7193 OF 2020 (GM-FOR)
BETWEEN:
SRI. ANJINAPPA
AGED ABOUT 55 YEARS
S/O MUNIYAPPA
RESIDING AT BAVAPURA VILLAGE,
HOSKOTE TALUK,
BANGALORE RURAL DISTRICT - 562 114.
...PETITIONER
(BY SRI. SHANKARANARAYANA BHAT N, ADVOCATE)
AND:
1. CONSERVATOR OF FORESTS
BANGALORE DIVISION
MALLESHWARAM,
Digitally signed by
ARUNKUMAR M S BENGALURU - 560 003.
Location: HIGH
COURT OF
KARNATAKA 2. THE ASSISTANT CONSERVATOR OF FORESTS
DODDABALLAPUIRA SUB DIVISON
DODDABALLAPURA - 561 203.
3. THE FOREST RANGE OFFICER
HODKOTE RANGE,
HOSKOTE - 562 114,
BANGALORE RURAL DISTRICT.
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4. STATE OF KARNATAKA
REPRESENTED BY SECRETARY TO GOVERNEMENT
REVENUE DEPARTMENT, M.S. BUIDLING,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA TO CALL FOR RELEVANT
RECORDS AND QUASH THE ORDER OF THE ASSISTANT
CONSERVATOR OF FORESTS, DODDABALLAPURA SUB
DIVISION, DODDABALLAPURA IN FOREST OFFENCE CASE
NO.69/08-09, HOSKOTE ZONE DATED 26.02.2016 AND
MARKED AS ANNEXURE-E IN THIS WRIT PETITION AND THE
ORDER OF THE CHIEF CONSERVATOR OF FORESTS AND
APPELLATE AUTHORITY, BANGALORE (REGION) CIRCLE,
BANGALORE IN APPEAL NO.265/2015-16 DATED 15.09.2017
MARKED AS ANNEXURE-F IN THIS WRIT PETITION AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this writ petition, the petitioner is assailing the
order dated 26.02.2016 (Annexure - E), and the order
dated 15.09.2017 in Appeal No.265/2015-16 (Annexure-F)
passed by the respondent - authorities.
2. The facts in the nutshell for the purpose of
adjudication of this petition are that; the petitioner claims
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to be the owner of the land in Sy.No.24 of Bavapura
Village, Hosakote Taluk, Bangaluru Rural District as per
the order of Grant produced at Annexure - B to the writ
petition. It is stated that, the respondent - authorities
have issued Notice at Annexure - D, calling upon the
petitioner under Section 24 (G)(GG)of the Karnataka
Forest Act, 1963, (hereinafter referred to as 'the Act'),
with regard to dispute in Complaint No.69/2008-09 and in
this regard the proceedings were initiated against the
petitioner under Section 64-A of the Act. The competent
authority, after considering the material on record, by
order dated 26.02.2016, arrived at the conclusion that 15
guntas of the land in which the petitioner is in possession
has been declared as the forest land and accordingly,
directed him to vacate within 30 days from the date of the
order. Feeling aggrieved by the same, the petitioner has
preferred an Appeal before respondent No.1 in Appeal
No.265/2015-16 and the Appellate Authority under Section
64-A(3) r/w Rule 69 of the Karnataka Forest Rules, 1969
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at Annexure-F, dismissed the appeal preferred by the
petitioner. Being aggrieved by the same, the petitioner has
preferred this writ petition.
3. I have heard Sri.Shankaranarayana Bhat N, learned
counsel appearing for the petitioner and Sri.Mahantesh
Shettar the learned Additional Government Advocate for
the respondents.
4. Sri.Shankaranarayana Bhat N, learned counsel
appearing for the petitioner invited the attention of the
Court to the Grant made in favour of the petitioner as per
Annexure - B and the subsequent entries made in the
Mutation Register and RTCs and contended that the
petitioner is the owner and is in possession of the land as
per the Grant and therefore, it is contended that, the said
aspect of the matter was not considered by the Original
Authority as per Annexure - E and same was confirmed by
the Appellate Authority as per Annexure-F and therefore,
sought for interference by this Court.
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5. Per contra, Sri.Mahantesh Shettar, learned Additional
Government Advocate invited the attention of the Court to
the Notification dated 11.10.1935 (Annexure - R1),
wherein portion of the extent of 32 acres in Sy.No.24 of
Bavapura village was declared as the Forest Land and
therefore, he contended that no interference is called for
in this writ petition.
6. In the light of the submissions made by the learned
counsel appearing for the parties and careful consideration
of the Grant at Annexure - B, wherein the Revenue
Authorities have granted an extent of 15 guntas of land in
Sy.No.24 of Bavapura village, wherein no schedule has
been mentioned in the order of Grant with regard to
identify the boundaries of the land in question. It is also
to be noted that as per the Notification dated 11.10.1935
(Annexure - R1), wherein the extent of 32 acres in land
bearing Sy.No.24 of Bavapura village has been declared as
the forest land. In that view of the matter, since the land
claimed by the petitioner itself is not identifiable, I do not
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find any merit in the petition and finding recorded by
respondent Nos.1 and 2 are just and proper and
accordingly, the writ petition is dismissed.
7. It is also made clear that, in view of the judgment of
the Hon'ble Supreme Court in the case of State of
Karnataka and Others Vs. I.S.Nirvane Gowda and
Others reported in (2007) 15 SCC 744, wherein it is
held that, the Revenue Authorities were not competent to
deal with the property which was the part of the Reserve
Forest and therefore, following the declaration of law made
by the Hon'ble Supreme Court in the above case as well as
in the case of T.N.Godhavarman Thirumulpad Vs.
Union of India reported in (2025) 2 SCC 641, I am of
the view that, no interference is called for in this writ
petition. Accordingly, the writ petition is dismissed.
SD/-
(E.S.INDIRESH)
JUDGE
GH
