IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20631 OF 2019 (GM-RES)

BETWEEN:

1. JAYARAMAPPA @ JAYARAMAIAH S/O LATE MUNISWAMAPPA SINCE DEAD BY HIS LRS 1(a) SMT. RATHNAMMA AGED ABOUT 65 YEARS W/O LATE JAYARAMAPPA @ JAYARAMAIAH

1(b) SMT. NAGARATHNAMMA AGED ABOUT 48 YEARS, D/O LATE JAYARAMAPPA @ JAYARAMAIAH

1(c) SRI. NAGARAJ AGED ABOUT 44 YEARS, S/O LATE JAYARAMAPPA @ JAYARAMAIAH Digitally 1(d) BYREGOWDA signed by AGED ABOUT 40 YEARS, SUMA S/O LATE JAYARAMAPPA @ JAYARAMAIAH Location:

HIGH COURT OF 1(e) SRI. MURALI KARNATAKA AGED ABOUT 38 YEARS, S/O LATE JAYARAMAPPA @ JAYARAMAIAH

1(f) RENUKA AGED ABOUT 35 YEARS, W/O LATE JAYARAMAPPA @ JAYARAMAIAH

2. ANJANAPPA S/O LATE MUNISWAMAPPA SINCE DEAD BY HIS LRS

2(a) SMT. SAROJAMMA AGED ABOUT 65 YEARS, W/O LATE ANJANAPPA

2(b). SRI S.A. SRINIVAS AGED ABOUT 38 YEARS, S/O LATE ANJANAPPA

2(c). SMT. S.A. PRABHA AGED ABOUT 32 YEARS, D/O LATE ANJANAPPA LR'S OF PETITIONER-1 AND 2 ARE RESIDENTS OF M. SATHYAWARA VILLAGE SULEBELE HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT-562114 …PETITIONERS (BY SRI. GURUPRASAD, ADVOCATE FOR SRI. CHANDRASHEKARA REDDY M.V., ADVOCATE)

AND:

1. STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDINGS BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY

2. DEPUTY COMMISSIONER AND EXECUTIVE MAGISTRATE BENGALURU RURAL DISTRICT, 1^ST FLOOR, DISTRICT ADMINISTRATIVE BUILDING, BEERASANDRA VILLAGE , DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562114

3. THE ASSISTANCE COMMISSIONER OF POLICE HOSAKOTE TALUK, HOSAKOTE-562114.

4. S.M. KARAGAPPA AGED ABOUT 47 YEARS, S/O LATE MUNIVENKATAPPA

5. SRI KEMPAIAH @ S.H. KEMPANNA AGED ABOUT 71 YEARS, S/O LATE HANUMAPPA SINCE DEAD BY LR'S

5(a) SMT. KEMPAMMA AGED ABOUT 70 YEARS, W/O LATE KEMPAIAH @ S.H.KEMPANNA

5(b) MUNIRATHNAMMA AGED ABOUT 50 YEARS, D/O LATE KEMPAIAH @ S.H.KEMPANNA

5(c) MUNINARAYANAPPA AGED ABOUT 48 YEARS, S/O LATE KEMPAIAH @ S.H.KEMPANNA

5(d) RENU KUMAR AGED ABOUT 42 YEARS, S/O LATE KEMPAIAH @ S.H.KEMPANNA

5(e) SAVITHRAMMA AGED ABOUT 35 YEARS, D/O LATE KEMPAIAH @ S.H.KEMPANNA

5(f) PRAMILA AGED ABOUT 30 YEARS, D/O LATE KEMPAIAH @ S.H.KEMPANNA ALL ARE RESIDENTS OF M. SATYAWARA VILLAGE SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562114 AMENDED AS PER ORDER DATED 23.09.2025 …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 3;

SRI. K. SHIVA SHANKAR, ADVOCATE FOR RESPONDENT NOS.4 AND 5(A) TO 5(C) AND ALSO FOR RESPONDENT NOS.5(D) TO 5(E) VIDE ORDER DATED 23.09.2025;

VIDE ORDER DATED 15.07.2025, SERVICE OF NOTICE TO RESPONDENT NO.5(F) IS HELD SUFFICIENT)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER / DIRECTION DATED 14.03.2019 PASSED BY RESPONDENT NO.2 IN MAG(1) CR.251/2018-19 AS PER ANNEXURE-Q BY DECLARING THE SAME AS ILLEGAL AND OPPOSED TO LAW AND CONSEQUENTLY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioners have challenged an order bearing No.MAG(1) CR. 251/2018-19 dated 14.03.2019 passed by the respondent No.2 directing the respondent No.3 to grant protection to the respondent Nos.4 and 5 to cut the eucalyptus trees grown in survey Nos.115 and 116 of M.Sathyawara Village measuring 1.08 acres each.

2. It is contended that the father of the deceased petitioners, Sri.Muniswamappa was in unauthorised occupation of 2 acres of land in survey No.27 of M.Sathyawara Village, SulibeleHobli, Hosakote Taluk, Bengaluru. Similarly, other villages were also in unauthorized occupation of various extents of land in the aforesaid survey number. The State Government had granted certain lands in favour of landless persons, including the father of the deceased petitioners. It is contended that 2 acres of land was granted in favour of the father of the deceased petitioners by the erstwhile Government of Mysore in the year 1949-50 under the Grow More Food scheme (henceforth referred to