IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 25097 OF 2025 (KLR-RES)

BETWEEN:

SMT. K B HEMAVATHY W/O LATE BALAKRISHNA AGE ABOUT 59 YEARS, KANDADKA HOUSE, AMARAMUDNOOR VILLAGE, SULLIA TALUK, DAKSHINA KANNADA- 574248 …PETITIONER (BY SRI. GOVINDARAJU K., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY , DEPARTMENT OF REVENUE, M S BUILDINGS, BENGALURU- 560001 Digitally signed by VIDYA G R

2. STATE OF KARNATAKA Location: HIGH MINISTRY OF FOREST, COURT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560001,REP BY ITS SECRETARY

3. DEPUTY COMMISSIONER DAKSHINA KANANDA DISTRICT MANGALORE - 575001

4. ASSISTANT COMMISSIONER PUTTURU SUB DIVISION, DAKSHINA KANNADA DISTRICT - 574201

5. THE TAHSILDAR, SULLIA TALUK, DAKSHINA KANNADA DISTRICT - 574239

6. THE REVENUE INSPECTOR SULLIA HOBLI, SULLIA TALUK DAKSHINA KANNADA - 574239

7. CHIEF CONSERVATOR OF FOREST DAKSHINA KANNADA DISTRICT, MANGALORE - 574239

8. THE RANGE FOREST OFFICER JALSOOR RANGE, PUTTUR FOREST RANGE OFFICER, OPP TO KSRTC BUS STAND, PUTTUR TALUK D K DISTRICT- 574201

9. THE RANGE FOREST OFFICER SULLIA RANGE, SULLIA TALUK, DAKSHINA KANNADA - 574239 …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP)

THIS WP IS FILED UNDER THE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION TO RESPONDENT NO. 7, 8 AND 9 TO ISSUE NOC TO RESPONDENT NO.5, THE TAHSILDAR FOR REMOVAL THE ENTRY OF FOREST IN COLOMN NO.9 OF RTC IN RESPECT OF LAND IN SY.NO. 203/1A2A1 MEASURING 1.63 ACRE SITUATED AT AMARAMUDNOOR VILLAGE, SULLIA TALUK, DAKSHINA KANNADA AS PER ENDORSEMENT DATED 23/12/2021 ISSUED BY THE RESPONDENT NO.5 VIDE ANNEXURE-L., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

The petitioner has sought for issuance of writ in the nature of mandamus to direct the respondents No. 7, 8 and 9 to issue NOC to respondent No.5, the Tahasildar for removal of entry of Forest in column no.9 of RTC in respect of land in Sy.No.203/1A2A1 measuring 1.63 Acre.

2. The Petitioner has also sought for a direction to respondent no.5 to consider representation dated 27.12.2024 to change the mutation entries and issue revenue records reflecting the property of the petitioner measuring an extent of 1.63 acres in Survey No. 203/1A

2A1.

3. The Petitioner has also sought for implementation of the order dated 28.04.2015 passed by the Assistant Commissioner.

4. The facts that are made out are that, the petitioner has sought for regularisation of unauthorised occupation. The committee has considered application of the petitioner filed in Form No.53 and has resolved for regularisation of unauthorised cultivation of the petitioner.

5. Pursuant to the said decision, it is stated that Saguvali Chit had been issued. But however, revenue entries were not made out in the name of the petitioner. The petitioner subsequently had approached the Assistant Commissioner, in Case No.CDS.R.E.V.S.R. No. 261/14-15, which was disposed of on 28.04.2015, wherein, there was a direction to effect entries in Phani as regards to land granted to the petitioner.

6. The petitioner submits that the stand of the respondents was that it was a part of the reserved forest. This Court by order dated 09.09.2025, had noticed that the order passed by the Assistant Commissioner at Annexure-D, in which, it was observed that the Tahasildar, was required to conduct a joint survey in presence of Forest Officials to find out as to whether the lands in question where forest lands or not.

7. The learned Additional Government Advocate has filed before the Court the joint survey report of the Tahasildar and the Range Forest Officer. The survey report is annexed along with the sketch. Survey report is clear and observes that the property of the petitioner that was granted of 1.63 acres is a part of Surv