IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.22025 OF 2016 (GM-FOR)

BETWEEN:

CHIKKAVENKATAIAH S/O. LATE CHANNAIAH AGED 60 YEARS RESIDENT OF HOMBAIAHNA DODDI VILLAGE KASABA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT - 571 408.

…PETITIONER (BY SRI PRAMOD R., ADVOCATE)

AND:

1. THE SECRETARY THE GOVERNMENT OF KARNATAKA DEPARTMENT OF FOREST AMBEDKAR VEEDHI VIDHANA SOUDHA Digitally signed by BENGALURU - 01.

MOUNESHWARAPPA NAGARATHNA Location: High Co urt of Karnataka 2. THE CHIEF FOREST OFFICER BENGALURU DIVISION BENGALURU

4TH FLOOR VANAVIKASA MALLESHWARAM, 18TH CROSS BENGALURU-03.

3. THE ASSISTANT CONSERVATOR OF FOREST RAMANAGARA SUB-DIVISION RAMANAGARA - 571 408.

4. ZONAL FOREST OFFICER CHANNAPATNA FOREST ZONE CHANNAPATNA - 571 408.

…RESPONDENTS (BY SRI MAHANTESH SHETTAR, AGA FOR R-1 TO R-4)

* * *

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-J DATED 20-8-2015 PASSED BY THE ASSISTANT FOREST CONSERVATOR, RAMANAGARA SUB DIVISION, RAMANAGARA IN FOC NO.03/2015-16 DATED 8-5-2015 AND ANNEXURE-M DATED 19-3-2016 PASSED BY THE CHIEF FOREST CONSERVATOR, BANGALORE CIRCLE, BANGALORE IN APPEAL NO.252/2015-16 AND ETC.

THIS WRIT 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

In this petition, the petitioner is challenging the order dated 20.08.2015 passed by respondent No.3 (Annexure-J) and the order dated 19.03.2016 in Appeal No. 252/2015-16 passed by respondent No.2.

2. Relevant facts for adjudication of this petition are that:

The petitioner claims to be the owner of the land in Survey No.1 to an extent of 3 acres 12 guntas situated at Doddamannugudde Village of Ramanagara Taluk and District. It is the case of the petitioner that the subject land has been granted to the Grandfather of the petitioner as per the Notification dated 02.05.1985 (Annexure-A). It is also stated that the revenue records stand in the name of the petitioner after the demise of his Grandfather. It is further stated in the writ petition that the petitioner is running a brick factory by obtaining license as per Annexure-H in the scheduled property. It is the case of the petitioner that respondent No.4 has initiated proceedings before respondent No.3 for evicting the petitioner from the land in question, and based on the fact that the land in question is Forest Land, the said proceedings was resisted by the petitioner. Respondent No. 3, after considering the material on record, by Order dated 20.08.2015 (Annexure- J), held that the land in question has been declared as Forest Land and accordingly sought for eviction of the petitioner. 3. Feeling aggrieved by the same, the petitioner has preferred an appeal under Section 64-A (3) of the Karnataka Forest Act, 1963, before respondent No.2. Respondent No.2, after considering the material on record by its Order dated 19.03.2016 (Annexure - M), dismissed the appeal preferred by the petitioner. Feeling aggrieved by the same, the petitioner has filed this writ petition.

4. Heard Sri Pramod R., learned counsel for the petitioner, and Sri Mahantesh Shettar, learned Additional Government Advocate appearing for the respondents.

5. It is submitted by Sri Pramod R., learned counsel appearing for the petitioner, that land in question has been granted by the Revenue Authorities way back on 02.05.1985 (Annexure-A), as the said land has been released by the Forest Department as culled out in the aforementioned application.

6. It is also submitted by the learned counsel appearing for the petitioner by referring to Section 2 of the Forest (Conservation) Act, 1980, and submitted that the contention raised by the respondent-State to invoke Section 2 of the above Act does not arise since the land in question has been granted in favour of the petitioner as per the Notification at Annexure-A. It i