IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12^TH DAY OF MARCH 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO.108896 OF 2025 (GM-FOR)

BETWEEN:

M/S. NORTH KARNATAKA DISTRICT CO-OPERATIVE TILES MANUFACTURING SOCIETY, KASARAKODU POST, HONNAVARA TALUK, UTTARA KANNADA DISTRICT-581342, REPRESENTED BY ITS PRESIDENT, SRI. TILAK JATTI GOWDA, AGE. 63 YEARS, S/O. JATTI MANJU GOWDA, R/AT. GADDEMANE, HONNAVARA, MAVINAKURVU, UTTARA KANNADA-581342.

…PETITIONER (BY SRI. GOVINDA RAJU K., ADVOCATE)

AND:

Digitally signed by MOHANKUMAR B 1. THE STATE OF KARNATAKA, SHELAR MINISTRY OF FOREST, Location: HIGH COURT OF VIDHANA SOUDHA, KARNATAKA BANGALORE-560 001, REP. BY ITS SECRETARY.

2. THE RANGE FOREST OFFICER, OFFICE OF RANGE FOREST OFFICER, HONNAVARA RANGE, MOORAKATTE, PRABHAT NAGAR, HONNAVARA TALUK, UTTARA KANNADA-581334.

3. THE DEPUTY RANGE FOREST OFFICER, HONNAVARA RANGE, KASARAKODU POST, HONNAVARA TALUK, UTTARA KANNADA-581342.

…RESPONDENTS (BY SMT. KIRTILATA R.PATIL, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATIONS DATED 15/06/2018 AND 28/09/2025 SUBMITTED BY THE PETITIONER VIDE (ANNEXURE- A AND B) FOR EXTENSION OF LEASE PERIOD TO RUN TILES INDUSTRY IN THE FOREST LAND MORE FULLY DESCRIBED IN THE SCHEDULE AND CONSEQUENTLY DIRECT THE RESPONDENTS TO RESTORE THE POSSESSION OF FOR SCHEDULE PROPERTY FOR RUNNING INDUSTRY MANUFACTURING TILES IN THE INTEREST OF JUSTICE. (B) PASS ANY OTHER ORDER INCLUDING THE COSTS OF THIS WRIT PETITION AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON’BLE COURT MAY DEEM FIT AND PROPER TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. The petitioner filed this petition seeking for a mandamus directing the respondents to consider the applications dated 15.06.2018 and 28.09.2025 submitted by the petitioner vide Annexures-A and B seeking for extension of lease period to run the tiles industry in the forest land more particularly described in the schedule and consequently direct the respondents to restore the possession of the suit schedule property for running and manufacturing of tiles.

2. The brief facts leading rise to the filing of this petition are as follows.

3. The petitioner submitted an application to the Government for grant of lease of 20 acres of forest land in Sy.Nos, 217, 218, 219, 219(P) and 276(A) of Kasarkod village Honnavara Taluk for manufacturing and erection of tile manufacturing factory for a period of 30 years. The State Government vide Order dated 29.04.1958 granted the said land on lease for a period of 30 years to the extent of 20 acres. Without interruption from the official department of Forest, the petitioner completed 30 years of lease by paying the regular lease/rent. Thereafter, the said lease was renewed with effect from 06.06.1988 for further period of 30 years. The petitioner has not violated any terms and conditions stipulated in the lease agreement. The petitioner submitted an application dated 15.06.2018 and 20.09.2025 requesting for extension of lease period. The respondent has not passed any order on the applications submitted by the petitioner. Hence, this writ petition.

4. The respondents filed a statement of objections contending that the lease granted in favour of the petitioner had expired. Any occupation of the forest land is unauthorised amounting to encroachment under the Karnataka Forest Act, 1963 and application dated 15.06.2018 was rejected due to lack of required documents. It is contended that the petitioner has no right to seek for extension of lease. It is also contended that the respondents have issued an endorsement dated 26.04.2021 vide Annexure.R-3 wherein the petitioner had submitted an applicati