Karnataka High Court
Shri S K Omkar vs State Of Karnataka on 10 October, 2025
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WP No. 11945 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.11945 OF 2023 (GM-FOR)
BETWEEN:
SHRI S.K. OMKAR
S/O S R KRISHNAN
AGED ABOUT 37 YEARS
R/AT NO.246, 6TH CROSS,
8TH MAIN, 2ND BLOCK
JAYANAGAR
BENGALURU-560011.
...PETITIONER
(BY SRI. HIMA KIRANA, ADVOCATE A/W
SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF FOREST
Digitally signed by VIDHANA SOUDHA
SHARMA ANAND
CHAYA DR. AMBEDKAR VEEDHI
Location: HIGH
COURT OF
BENGALURU -560001
KARNATAKA REPRESENTED BY ITS SECRETARY.
2. THE CHIEF CONSERVATOR OF FORESTS
ARANYA BHAVAN
SANKEY ROAD
MALLESWARAM
BENGALURU -560055.
3. THE ASSISTANT CONSERVATOR OF FORESTS
CHIKKABALLAPURA SUB DIVISION
CHIKKABALALPURA-562101.
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4. THE RANGE FOREST OFFICER
CHIKKABALLAPURA RANGE
CHIKKABALALPURA-562101.
...RESPONDENTS
(BY SRI. MANJUNATH B., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 10.01.2022 PASSED BY THE
RESPONDENT NO.2/CONSERVATOR OF FORESTS, IN APPEAL
NO.300/2018-19 U/S 64A (3) OF THE KARNATAKA FORESTS
ACT, VIDE ANNEXURE-A AND THE ORDER DATED 28.03.2018
PASSED BY THE RESPONDENT NO.3/ASSISTANT
CONSERVATOR OF FORESTS, IN THE ORIGINAL SIDE OF THE
PROCEEDINGS IN CASE NO.SaAaSaM/Chim.pura/64A/ Angatta/
CR-19/2016-17 VIDE ANNX-B; AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, 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 10.01.2022 in Appeal No.300/2018-19 (Annexure-A)
passed by respondent No.2 and the Order dated 28.03.2018
passed by respondent No.3(Annexure-B), inter alia, sought for
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a direction to respondent No.1 to grant alternative land for
cultivation, to the petitioner, in lieu of the land in question if
ultimately, declared as a forest land.
2. The brief facts for adjudication of this Writ Petition are
that, the land in question bearing Sy.No.28 (new No.29)
measuring to an extent of 9 acres out of 2 acres, situate at
Angatta Village, Nandi hobli, Chikkaballapur Taluk was granted
to one Emmegala Byrappa on 12.02.1949 under darakhast by
way of public auction (Annexure-C). It is further stated that
the respondent - authorities have entered the name of
Emmegala Byrappa in the revenue records. It is also stated
that original grantee executed registered Sale Deed dated
24.03.1962(Annexure-E) in favour of one Sri. Muniswamy in
respect of the subject land. Thereafter, the portion of the land
was also sold as per the registered Sale Deeds dated
02.05.1949 and 16.05.1975 (Annexures - D and F). It is also
stated that the petitioner herein had purchased portion of the
land from Syed Maroof Ahmed as per the registered Sale Deed
dated 19.04.2008 and therefore, it is the contention of the
petitioner that, the petitioner is the owner of the land in
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question. It is also stated in the petition that the respondent -
forest authorities claiming that the land in question is belonging
to the Forest Department as per the Government Notification
dated 02.09.1931 by His Highness the Maharaja of Mysore and
therefore, since the petitioner is in possession of the land in
question, petitioner has challenged the same before the
respondent No.3.
3. The respondent No.3 having taken note of the factual
aspects on record, by Order dated 28.03.2018 (Annexure-B),
rejected the claim made by the petitioner herein and held that
the land in question is a forest land and being aggrieved by the
same, the petitioner has preferred an appeal before the
respondent No.2 in Appeal No.300/2018-19 and the Appellate
Authority, by Order dated 10.01.2022 (Annexure-A), held that
the land in question is belonging to Angatta Grama Aranya
Pradesha and as such, rejected the claim made by the
petitioner. Being aggrieved by the same, the petitioner has
preferred this Writ Petition.
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4. Heard Sri. Hima Kirana, learned counsel appearing for the
petitioner and Sri. Manjunath B., learned Additional
Government Advocate appearing for the respondents.
5. It is contended by Sri. Hima Kirana, learned counsel
appearing for the petitioner that, both the authorities have not
considered the factual aspects on record as the land in question
was belonging to the vendors of the petitioner and therefore,
the interference made by the respondent - authorities requires
to be interfered with in this Writ Petition. It is also stated that
the revenue entries stand in the name of vendor of the
petitioner for more than 70 years and that would make it clear
that, the land has been granted in favour of one Emmegala
Byrappa as per Annexure-C and therefore, the impugned order
requires to be set aside in this Writ Petition.
6. Per contra, learned Additional Government Advocate
sought to justify the impugned order passed by the respondent
- authorities and submitted that, way back in 1931 itself the
land has been earmarked and declared as forest land. In that
view of the matter, any number of subsequent revenue entries
in respect of the subject land will not confirm any title to the
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petitioner herein and therefore, sought for dismissal of the
petition.
7. In the light of the submissions made by the learned
counsel appearing for the parties, it is the case of the petitioner
that the land in question has been granted in favour of one
Emmegala Byrappa as per the Grant Order dated 12.02.1949
(Annexure-C) and thereafter, the land in question has been
sold by several persons and ultimately the petitioner has
purchased the land in question as per the registered Sale Deed
dated 19.04.2008(Annexure-J) from one Syed Maroof Ahmed.
Perusal of the writ papers would indicate that as per the
Government Notification dated 02.09.1931 passed by His
Highness Maharaja of Mysore, the land in question has been
declared as forest land and in that view of the matter, since
both the authorities have arrived at the conclusion based on
the entry dated 02.09.1931 and therefore, the land in question
has to be declared as forest land and as such, there is no merit
in this Writ Petition. It is also to be noted that recently the
Hon'ble Supreme Court in the case of T.N. GODAVARMAN
THIRUMALPAD Vs. UNION OF INDIA AND OTHERS, vide
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Judgment dated 15.05.2025 (2025 INSC 701), has issued the
guidelines with regard to protecting the forest land as well as
the environmental clearance granted by the Ministry of
Environment, Forest and Climate Change (MOEF), in the said
case. In that view of the matter, taking into consideration the
declaration of law made by the Hon'ble Supreme Court in the
above case as well as the case of STATE OF KARNATAKA AND
OTHERS Vs. NIRVANE GOWDA AND OTHERS reported in
(2007)15 SCC 744, wherein it is held that the revenue
authorities have no jurisdiction to grant or enter the name of
persons in respect of the subject land if the land in question is
declared as forest land as per the Notification therein, and
therefore, there is no merit in this Writ Petition.
8. In that view of the matter, the Writ Petition is dismissed.
SD/-
(E.S.INDIRESH)
JUDGE
sac
