IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 25TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.101921 OF 2025 (GM - RES)
C/W
WRIT PETITION No.101924 OF 2025 (GM - RES)
WRIT PETITION No.102769 OF 2025 (GM - RES)
WRIT PETITION No.102798 OF 2025 (GM - RES)
WRIT PETITION No.102848 OF 2025 (GM - RES)
IN WRIT PETITION No.101921 OF 2025
BETWEEN:
1. SRI BASAPPA FAKIRAPPA MADAR
AGED ABOUT 69 YEARS,
OCC. AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
2. SRI RAMESH SHIDLEPPA MADAR
AGED ABOUT 68 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
3. SRI IRAPPA BASAPPA MADAR
AGED ABOUT 65 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
4. SRI SHIVANAND BHIMAPPA SOGALAD
AGED ABOUT 65 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
5. SRI NAGAPPA HANAMANTHAPPA KATRAL
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
6. SRI SHANKAR HANAMANTHAPPA KARADE
AGED ABOUT 74 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
7. SRI NAGAPPA BASAPPA SOGALAD
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
8. SRI BASAPPA MAHADEVAPPA ULLIGERI
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
9. SRI FAKIRAPPA GANGAPPA KATRAL
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
10. SRI YALLAPPA SHIVAPPA HONGAL
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
11. SRI HANAMANTH SHIVAPPA AMBIGER
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
12. SRI PRAKASH HANAMANTHAPPA PUJER
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
13. SRI SHANKAREPPA KALLAPPA SUNAGAR
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
RAMESH NAGAPPA KATRAL
SINCE DECEASED BY HIS LR’s
14. SMT.KASTURI RAMESH KATRAL
AGED ABOUT 50 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
SRIKANTHAYYA PADADHAYYA HIREMATH
SINCE DECEASED BY HIS LRS
15. SRI SRISHAIL SRIKANTHAYYA HIREMATH
AGED ABOUT 40 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
16. SRI CHANDRAYYA SRIKANTHAYYA HIREMATH
AGED ABOUT 45 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
BASAPPA RAMAPPA SOGALAD
SINCE DECEASED BY HIS LRs
17. SRI ARJUN BASAPPA SOGALAD
AGED ABOUT 45 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
... PETITIONERS
(BY SRI H.M.DHARIGOND, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE DESK OFFICER [TECHNICAL CELL],
COMMERCE AND INDUSTRIES DEPARTMENT
M.S.BUILDING,
BENGALURU – 560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF FOREST
M.S.BUILDING
BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT
BELAGAVI – 590 001.
4. THE ASSISTANT COMMISSIONER
BAILHONGAL SUB-DIVISION
BAILHONGAL
TALUK:BAILHONGAL
DISTRICT: BELAGAVI – 591 101.
5. THE TAHASILDAR
SOUNDATTI TALUK
SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
6. THE CHIEF CONSERVATOR OF FORESTS
BELAGAVI CIRCLE
BELAGAVI
DISTRICT: BELAGAVI – 590 001.
7. THE DEPUTY CONSERVATOR OF FORESTS
MUNAVALLI TALUK
SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
8. THE ASSISTANT CONSERVATOR OF FORESTS
RAMDURG TALUK:RAMDURG
DISTRICT: BELAGAVI – 591 126.
9. THE RANGE FOREST OFFICER
REGIONAL ZONE, SOUNDATTI
SOUNDATTI TALUK, SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
10. THE TALUK SOCIAL WELFARE OFFICER
SOUNDATTI TALUK,
SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
11. THE PANCHAYATI DEVELOPMENT OFFICER
GRAM PANCHAYAT YAKKUNDI TALUK
SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
12. THE PRESIDENT
FOREST RIGHTS COMMITTEE
GRAM SABHA YAKKUNDI
SOUNDATTI TALUK, SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
13. THE REVENUE INSPECTOR
MUNAVALLI CIRCLE, MUNAVALLI
SOUNDATTI TALUK, SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
14. THE CHAIRMAN
M/S.GREENKO SOLAR ENERGY PRIVATE LTD.,
SUIT NO.701 AND 702, 7TH FLOOR
PRETIGE MERIDIAN – II
M.G.ROAD
BENGALURU – 560 001.
... RESPONDENTS
(BY SRI V.S.KALSURMATH, AGA FOR R-1 TO R-10 AND R-13;
SRI V.SHIVARAJ HIREMATH, ADVOCATE FOR R-11 AND R-12;
SRI ANANTH MANDGI, SR.ADVOCATE FOR
SRI SANGRAM S. KULKARNI, ADVOCATE R-14)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED GOVERNMENT ORDER NO. CI/83 SPI/2018 BENGALURU DATED 12-03-2018 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-F; B) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE 4TH RESPONDENT TO CONSIDER AND PASS APPROPRIATE ORDER ON RESOLUTION PASSED BY THE FOREST RIGHTS GRAM SABHA COMMITTEE ON 18.11.2015 VIDE ANNEXURE-D IN SO FOR AS PETITIONERS CLAIM ARE CONCERNED; C) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS TO REGULARIZE THE LAND MEASURING 2 ACRES EACH IN LAND BEARING R S NO. 4 SITUATED AT KAGIHAL VILLAGE OF SOUNDATTI TALUK IN BELAGAVI DISTRICT IN THE LIGHT OF RECOMMENDATION MADE BY THE FOREST RIGHTS GRAM SABHA COMMITTEE. FURTHER TILL CONSIDERATION OF THE APPLICATIONS SUBMITTED BY THE PETITIONERS BEFORE THE FOREST RIGHTS GRAM SABHA COMMITTEE, DIRECT THE RESPONDENT NO.12 RESTRAINING THEM FROM INTERFERING WITH PEACEFUL POSSESSION AND ENJOYMENT OF THE LAND IN QUESTION; D) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION SUBMITTED BY THE BY THE PETITIONERS 6-2-2025 VIDE ANNEXURE-K.
IN WRIT PETITION No.101924 OF 2025
BETWEEN:
1. SMT. YAMANAVVA IRAPPA MADAR
AGED ABOUT 69 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
SRI FAKEERASAB
S/O KHANASAB PINJAR @ NADAF
SINCE DECEASED BY HIS LRs
2. SRI DILAWARSAB FAKEERSAB PINJAR @ NADAF
AGED ABOUT 49 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
3. SRI HUSENASAB FAKEERASAB PINJAR @ NADAF
AGED ABOUT 48 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
4. SRI IBRAHIM FAKEERASAB PINJAR @ NADAF
AGED ABOUT 41 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
5. SRI NABISAB FAKEERASAB PINJAR @ NADAF
AGED ABOUT 44 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
6. SRI SMEENASAB FAKEERASAB PINJAR @ NADAF
AGED ABOUT 46 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
SRI ARJUNAPPA
S/O KHANAPPA JEEVAPUR
SINCE DECEASED BY HIS LRs
7. SRI MANJUNATH ADOPTED SON OF
ARJUNAPPA JEEVAPUR
AGED ABOUT 40 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
8. SRI BASAPPA
S/O SHIVAPPA MADAR
AGED ABOUT 70 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
9. SRI HANAMANTHAPPA
S/O SAMBAJI KARADE
AGED ABOUT 70 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
10. SRI BASAPPA
S/O PARASAPPA AMBIGER
AGED ABOUT 60 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
11. SRI SHIVAPPA
S/O KALLAPPA SUNAGAR
AGED ABOUT 60 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
SRI SHIVAPPA APPAYYAPPA HONGAL
SINCE DECEASED BY HIS LRs
12. SRI APPAYYAPPA
S/O SHIVAPPA HONGAL
AGED ABOUT 50 YEARS,
OCC.: AGRICULTURE,
R/O. YAKKUNDI VILLAGE,
TALUK: SOUNDATTI,
DISTRICT: BELAGAVI – 591 123.
... PETITIONERS
(BY SRI H.M.DHARIGOND, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE DESK OFFICER [TECHNICAL CELL],
COMMERCE AND INDUSTRIES DEPARTMENT
M.S.BUILDING,
BENGALURU – 560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF FOREST
M.S.BUILDING
BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT
BELAGAVI – 590 001.
4. THE ASSISTANT COMMISSIONER
BAILHONGAL SUB-DIVISION
BAILHONGAL
TALUK: BAILHONGAL
DISTRICT - BELAGAVI – 591 101.
5. THE TAHASILDAR
SOUNDATTI TALUK
SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
6. THE CHIEF CONSERVATOR OF FOREST
BELAGAGI CIRCLE
BELAGAVI
DISTRICT: BELAGAVI – 590 001.
7. THE DEPUTY CONSERVATOR OF FORESTS
MUNAVALLI TALUK: SOUNDATTI
DISTRICT:BELAGAVI – 591 123.
8. THE ASSISTANT CONSERVATOR OF FORESTS
RAMDURG TALUK: RAMDURG
DISTRICT: BELAGAVI – 591 126.
9. THE RANGE FOREST OFFICER
REGIONAL ZONE, SOUNDATTI
SOUNDATI TALUK, SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
10. THE TALUK SOCIAL WELFARE OFFICER
SOUNDATTI TALUK
SOUNDATTI
DISTRICT BELAGAVI – 591 123.
11. THE PANCHAYATH DEVELOPMENT OFFICER
GRAM PANCHAYAT YAKKUNDI
TALUK:SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
12. THE PRESIDENT
FOREST RIGHTS COMMITTEE
GRAM SABHA YAKKUNDI
SOUNDATTI TALUK
SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
13. THE REVENUE INSPECTOR
MUNAVALLI CIRCLE
MUNAVALLI
SOUNDATTI TALUK
SOUNDATTI
DISTRICT: BELAGAVI – 591 123.
14. THE CHAIRMAN
M/S GREENKO SOLAR ENERGY PRIVATE LTD.,
SUIT NO.701 AND 702
7TH FLOOR
PRETIGE MERIDIAN - II
M.G.ROAD
BENGALURU – 560 001.
... RESPONDENTS
(BY SRI V.S.KALASURMATH, AGA FOR R-1 TO R-10, R-13;
SRI V.SHIVARAJ HIREMATH, ADVOCATE FOR R-11 AND R-12;
SRI ANANTH MANDGI, SR.COUNSEL FOR
SRI SANGRAM S. KULKARNI, ADVOCATE R-14)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - A) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED GOVERNMENT ORDER NO. CI/83 SPI/2018 BENGALURU DATED 12-03-2018 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-J; B) A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE 4TH RESPONDENT TO CONSIDER AND PASS AN APPROPRIATE ORDER ON RESOLUTION PASSED BY THE FOREST RIGHTS GRAM SABHA COMMITTEE ON 18.11.2015 VIDE ANNEXURE-G IN SO FOR AS PETITIONERS CLAIM ARE CONCERNED; C) A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE RESPONDENTS TO REGULARIZE THE LAND MEASURING 2 ACRES EACH SITUATED AT KARLAKATTI VILLAGE OF SOUNDATTI TALUK IN BELAGAVI DISTRICT IN THE LIGHT OF RECOMMENDATION MADE BY THE FOREST RIGHTS GRAM SABHA COMMITTEE. FURTHER TILL CONSIDERATION OF THE APPLICATIONS SUBMITTED BY THE PETITIONERS BEFORE THE FOREST RIGHTS GRAM SABHA COMMITTEE, DIRECT THE RESPONDENT NO.12 RESTRAINING THEM FROM INTERFERING WITH PEACEFUL POSSESSION AND ENJOYMENT OF THE LAND IN QUESTION; D) A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION SUBMITTED BY THE BY THE PETITIONERS DATED 6-2-2025 VIDE ANNEXURE-N.
IN WRIT PETITION No.102769 OF 2025
BETWEEN:
1. SRI DURGAPPA SHIVAPPA MADAR
AGED ABOUT 69 YEARS
OCC: AGRICULTURE
R/O YAKKUNDI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
2. SRI SANNAKHANAPPA SHIVAPPA MADAR
AGED ABOUT 68 YEARS
OCC: AGRICULTURE
R/O YAKKUNDI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
3. SRI MAHADEVAPPA SHIVAPPA MADAR
AGED ABOUT 71 YEARS
OCC: AGRICULTURE
R/O YAKKUNDI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
4. SRI SHIVAJI SAMBAJI KARADE
AGED ABOUT 65 YEARS
OCC: AGRICULTURE
R/O YAKKUNDI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
5. SRI BALAPPA ARJUNAPPA PUJER
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O YAKKUNDI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
6. SRI GANGAPPA ARJUNAPPA PUJER
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O YAKKUNDI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
7. SRI BASAPPA BHIMAPPA SOGALAD
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O YAKKUNDI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
8. SRI MAHADEVAPPA YALLAPPA ULLIGERI
AGED ABOUT 70 YEARS
OCC: AGRICULTURE
R/O YAKKUNDI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
9. SMT. KHANAVVA MARUTHI ULLIGERI
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O YAKKUNDI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
... PETITIONERS
(BY SRI H.M.DHARIGOND, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE DESK OFFICER (TECHNICAL CELL)
COMMERCE AND INDUSTRIES DEPARTMENT
M.S.BUILDING
BENGALURU – 560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF FOREST,
M.S.BUILDING
BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT,
BELAGAVI – 590 001.
4. THE ASSISTANT COMMISSIONER
BAILHONGAL SUB-DIVISION
BAILHONGAL
TALUK BAILHONGAL
DISTRICT BELAGAVI – 591 101.
5. THE TAHASILDAR
SOUNDATTI TALUK
SOUNDATTI
DISTRICT BELAGAVI – 591 123.
6. THE CHIEF CONSERVATOR OF FOREST
BELAGAVI CIRCLE, BELAGAVI
DISTRICT BELAGAVI – 590 001.
7. THE DEPUTY CONSERVATOR OF FORESTS
MUNAVAVALLI TALUK, SOUNDATTI
DISTRICT BELAGAVI – 591 123.
8. THE ASSISTANT CONSERVATOR OF FORESTS
RAMDURG, TALUK: RAMDURG
DISTRICT BELAGAVI – 591 126.
9. THE RANGE FOREST OFFICER
REGIONAL ZONE, SOUNDATTI,
SOUNDATTI TALUK,
SOUNDATTI,
DISTRICT BELAGAVI – 591 123.
10. THE TALUK SOCIAL WELFARE OFFICER
SOUNDATTI TALUK,
SOUNDATTI,
DISTRICT BELAGAVI – 591 123.
11. THE PANCHAYATI DEVELOPMENT OFFICER
GRAM PANCHAYAT YAKKUNDI
SOUNDATTI TALUK,
SOUNDATTI,
DISTRICT BELAGAVI – 591 123.
12. THE PRESIDENT
FOREST RIGHTS COMMITTEE
GRAM SABHA YAKKUNDI
SOUNDATTI TALUK
SOUNDATTI
DISTRICT BELAGAVI – 591 123.
13. THE REVENUE INSPECTOR
MUNAVALLI CIRCLE,
MUNAVALLI
SOUNDATTI TALUK
SOUNDATTI
DISTRICT BELAGAVI – 591 123.
14. THE CHAIRMAN
M/S GREENKO SOLAR ENERGY PRIVATE LTD.,
SUIT NO.701 AND 702
7TH FLOOR,
PRETIGE MERIDIAN-II M.G.ROAD,
BENGALURU – 560 001.
... RESPONDENTS
(BY SRI V.S.KALASURMATH, AGA FOR R-1 TO R-10 AND R-13;
SRI V.SHIVARAJ S.HIREMATH, ADVOCATE FOR R-11 AND R-12;
SRI ANANTH MANDGI, SR.ADVOCATE FOR
SRI SANGRAM S. KULKARNI, ADVOCATE R-14)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED GOVERNMENT ORDER NO. CI/83 SPI/2018 BENGALURU DATED 12-03-2018 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-F; B) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE 4TH RESPONDENT TO CONSIDER AND PASS APPROPRIATE ORDER AND ON RESOLUTION PASSED BY THE FOREST RIGHTS GRAM SABHA COMMITTEE ON 18.11.2015 VIDE ANNEXURE-G IN SO FOR AS PETITIONERS CLAIM IS CONCERNED; C) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS TO REGULARIZE THE LAND MEASURING 2 ACRES AND EACH IN LAND BEARING R S NO. 4 SITUATED AT KAGIHAL VILLAGE OF SOUNDATTI TALUK IN BELAGAVI DISTRICT IN THE LIGHT OF RECOMMENDATION MADE BY THE FOREST RIGHTS GRAM SABHA COMMITTEE. FURTHER TILL CONSIDERATION OF THE APPLICATIONS SUBMITTED BY THE PETITIONERS BEFORE THE FOREST RIGHTS GRAM SABHA COMMITTEE, DIRECT THE RESPONDENT NO. 14, RESTRAINING THEM FROM INTERFERING WITH PEACEFUL POSSESSION AND ENJOYMENT OF THE LAND IN QUESTION; D) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 6-2-2025 VIDE ANNEXURE-N.
IN WRIT PETITION No.102798 OF 2025
BETWEEN:
1. SRI SHIVANAND KAREPPA BADLI
AGED ABOUT 46 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
2. SRI YALLAPPA APPAYYAPPA SATYANAIKAR
AGED ABOUT 61 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
3. SMT.HANAMAWWA HANAMANTHGOUDA PATIL
AGED ABOUT 56 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
4. SRI BASAPPA KAREPPA BADLI
AGED ABOUT 57 YEARS
OCC:AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
5. SMT.LAXMAWWA BASAPPA DADDI
AGED ABOUT 61 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
6. SRI YALLAPPA FAKIRAPA JUMMANAVAR
AGED ABOUT 53 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
7. SRI BHIMESHAPPA ARJUN PATIL
AGED ABOUT 44 YEARS
OCC:AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
8. SMT.BHIMAWWA ADIVEPPA DOLLIN
AGED ABOUT 62 YEARS
OCC:AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
9. AJJESHWARKUMAR SATYAPPA SATYANAIKAR
AGED ABOUT 44 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
10. SMT. YALLAWWA PARASURAM GARIBAR
AGED ABOUT 62 YEARS
OCC:AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
11. SRI MALLAPPA SOMAPPA KOUJALAGI
AGED ABOUT 57 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
SRI ULAVAPPA GOUDAPPA HONNENNAVAR
SINCE DECEASED BY HIS LRS
12. SRI HANAMANTH ULAVAPPA HONNENNAVAR
AGED ABOUT 57 YEARS
OCC:AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
13. SRI BASAVARAJ ULAVAPPA HONNENNAVAR
AGED ABOUT 50 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
14. SRI APPAYYAPPA BHIMAPPA HATTI
AGED ABOUT 57 YEARS
OCC:AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
SRI SOMALINGAPPA BASAPPA BADLI
SINCE DECEASED BY HIS LRS
15. SRI MAHADEVAPPA SOMALINGAPPA BADLI
AGED ABOUT 36 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
16. SMT. NINGAWWA BASANAIK MADLUR
AGED ABOUT 67 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
17. SRI YALLAPPA ADIVEPPA DOLLIN
AGED ABOUT 45 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
18. SRI MARUTI ARJUN PATIL
AGED ABOUT 57 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
19. SRI SHANKARANAND KAREPPA BADLI
AGED ABOUT 50 YEARS
OCC:AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
20. SRI SHIVANAIK BASANAIK PATIL
AGED ABOUT 73 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
21. SRI HANAMANTH SABANNA MADLUR
AGED ABOUT 57 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
22. SRI FAKIRAPPA FAKIRAPPA KITADAL
AGED ABOUT 72 YEARS
OCC:AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
23. SRI GOUDAPPA BASANAIK PATIL
AGED ABOUT 63 YEARS
OCC:AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
SMT.THAYAVVA YALLAPPA BADDLI
SINCE DECEASED BY HER LRS
24. SMT. MAHADEVI W/O TIPPANNA NAIK
AGED ABOUT 57 YEARS
OCC: AGRICULTURE
R/O KARLAKATTI VILLAGE
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
... PETITIONERS
(BY SRI H.M.DHARIGOND, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE DESK OFFICER (TECHNICAL CELL)
COMMERCE AND INDUSTRIES DEPARTMENT
M.S.BUILDING
BENGALURU – 560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF FOREST
M.S. BUILDING
BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT
BELAGAVI – 590 001.
4. THE ASSISTANT COMMISSIONER
BAILHONGAL SUB DIVISION
BAILHONGAL TALUK
BAILHONGAL DISTRICT
BELAGAVI – 591 101.
5. THE TAHASILDAR
SOUNDATTI TALUK
SOUNDATTI,
BELAGAVI – 591 123.
6. THE CHIEF CONSERVATOR OF FOREST
BELAGAVI CIRCLE,
BELAGAVI DISTRICT
BELAGAVI – 590 001.
7. THE DEPUTY CONSERVATOR OF FORESTS
MUNAVALLI TALUK, SOUNDATTI
DISTRICT BELAGAVI – 591 123.
8. THE ASSISTANT CONSERVATOR OF FORESTS
RAMDURG TALUK
RAMDURG DISTRICT
BELAGAVI – 591 126.
9. THE RANGE FOREST OFFICER
REGIONAL ZONE,
SOUNDATTI TALUK, SOUNDATTI
DISTRICT BELAGAVI – 591 123.
10. THE TALUK SOCIAL WELFARE OFFICER
SOUNDATTI TALUK, SOUNDATTI
DISTRICT BELAGAVI – 591 123.
11. THE PANCHAYATI DEVELOPMENT OFFICER
GRAM PANCHAYAT YAKKUNDI
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
12. THE PRESIDENT
FOREST RIGHTS COMMITTEE
GRAM SABHA YAKKUNDI TALUK
SOUNDATTI
DISTRICT BELAGAVI – 591 123.
13. THE REVENUE INSPECTOR
MUNAVALLI CIRCLE,
MUNAVALLI
SOUNDATTI TALUK, SOUNDATTI
DISTRICT BELAGAVI – 591 123.
14. THE CHAIRMAN
M/S GREENKO SOLAR ENERGY PRIVATE LTD.,
SUIT NO.701 AND 702,
7TH FLOOR,
PRETIGE MERIDIAN-II
M.G.ROAD, BENGALURU – 560 001.
... RESPONDENTS
(BY SRI V.S.KALSURMATH, AGA FOR R-1 TO R10 AND R-13;
SRI SHIVARAJ S.HIREMATH, ADVOCATE FOR R-11 AND R-12;
SRI ANANTH MANDGI, SR. ADVOCATE FOR
SRI SANGRAM S. KULKARNI, ADVOCATE R-14)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED GOVERNMENT ORDER NO. CI 83 SPI/2018 BENGALURU, DATED 12-03-2018 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-F, IN SO FAR PETITIONERS ARE CONCERNED; B) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE 4TH RESPONDENT TO CONSIDER AND PASS APPROPRIATE ORDER ON RESOLUTION PASSED BY THE FOREST RIGHTS GRAM SABHA COMMITTEE ON 18.11.2015 VIDE ANNEXURE-D IN SO FOR AS PETITIONERS CLAIM ARE CONCERNED; C) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS NO.1-13 TO REGULARIZE THE LAND MEASURING 2 ACRES EACH IN LAND BEARING R S NO. 138 SITUATED AT KARLAKATTI VILLAGE OF SOUNDATTI TALUK IN BELAGAVI DISTRICT IN THE LIGHT OF RECOMMENDATION MADE BY THE FOREST RIGHTS GRAM SABHA COMMITTEE. FURTHER TILL CONSIDERATION OF THE APPLICATIONS SUBMITTED BY THE PETITIONERS BEFORE THE FOREST RIGHTS GRAM SABHA COMMITTEE, AS PER ANNEXURE-D, DIRECT THE RESPONDENT NO.14 RESTRAINING THEM FROM INTERFERING WITH PEACEFUL POSSESSION AND ENJOYMENT OF THE LAND IN QUESTION; D) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION SUBMITTED BY THE BY THE PETITIONERS DATED 6-2-2025 VIDE ANNEXURE-K.
IN WRIT PETITION No.102848 OF 2025
BETWEEN:
1. SRI BASAPPA KAREPPA MADAR
AGED ABOUT 50 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK SAUNDATTI
DISTRICT BELAGAVI – 591 123.
2. SRI YALLAPPA FAKIRAPPA MADAR
AGED ABOUT 55 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK SAUNDATTI
DISTRICT BELAGAVI – 591 123.
3. SMT. YALLAWWA FAKIRAPPA MADAR
AGED ABOUT 42 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK SAUNDATTI
DISTRICT BELAGAVI – 591 123.
4. SRI IRAPPA DURGAPPA MADAR
AGED ABOUT 65 YEARS
OCC. AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK SAUNDATTI
DISTRICT BELAGAVI – 591 123.
5. SRI CHANDRAPPA DURGAPPA MADAR
AGED ABOUT 60 YEARS
OCC. AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK SAUNDATTI
DISTRICT BELAGAVI – 591 123.
6. SRI KHANAPPA DYAMAPPA MADAR
AGED ABOUT 60 YEARS
OCC. AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK SAUNDATTI
DISTRICT BELAGAVI – 591 123.
7. SRI YAMANAPPA KAREPPA MADAR
AGED ABOUT 60 YEARS
OCC: AGRICULTURE
R/O. YAKKUNDI VILLAGE,
TALUK SAUNDATTI
DISTRICT BELAGAVI – 591 123.
8. SMT.GADIGEVVA SIDRAYAPPA PATYAL
AGED ABOUT 65 YEARS
OCC: AGRICULTURE
R/O. MALLUR VILLAGE,
TALUK SAUNDATTI
DISTRICT BELAGAVI – 591 123.
... PETITIONERS
(BY SRI H.M.DHARIGOND, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE DESK OFFICER (TECHNICAL CELL)
COMMERCE AND INDUSTRIES DEPARTMENT
M.S.BUILDING
BENGALURU – 560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF FOREST,
M.S.BUILDING
BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT
BELAGAVI – 590 001.
4. THE ASSISTANT COMMISSIONER
BAILHONGAL SUB-DIVISION
BAILHONGAL,
TALUK BAILHONGAL
DISTRICT BELAGAVI – 591 101.
5. THE TAHASILDAR
SOUNDATTI TALUK
SOUNDATTI,
BELAGAVI – 591 123.
6. THE CHIEF CONSERVATOR OF FOREST
BELAGAVI CIRCLE, BELAGAVI
DISTRICT BELAGAVI – 590 001.
7. THE DEPUTY CONSERVATOR OF FORESTS
MUNAVALLI TALUK, SOUNDATTI
DISTRICT BELAGAVI – 591 123.
8. THE ASSISTANT CONSERVATOR OF FORESTS
RAMDURG TALUK: RAMDURG
DISTRICT BELAGAVI – 591 126.
9. THE RANGE FOREST OFFICER
REGIONAL ZONE, SOUNDATTI
SOUNDATTI TALUK, SOUNDATTI
DISTRICT BELAGAVI – 591 123.
10. THE TALUK SOCIAL WELFARE OFFICER
SOUNDATTI TALUK, SOUNDATTI
DISTRICT BELAGAVI – 591 123.
11. THE PANCHAYATI DEVELOPMENT OFFICER
GRAM PANCHAYAT YAKKUNDI
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
12. THE PRESIDENT
FOREST RIGHTS COMMITTEE
GRAM SABHA YAKKUNDI
TALUK SOUNDATTI
DISTRICT BELAGAVI – 591 123.
13. THE REVENUE INSPECTOR
MUNAVALLI CIRCLE, MUNAVALLI
SOUNDATTI TALUK, SOUNDATTI
DISTRICT BELAGAVI – 591 123.
14. THE CHAIRMAN
M/S GREENKO SOLAR ENERGY PRIVATE LTD.,
SUIT NO.701 AND 702,
7TH FLOOR, PRETIGE MERIDIAN-II
M.G.ROAD, BENGALURU – 560 001.
... RESPONDENTS
(BY SRI V.S.KALASURMATH, AGA FOR R-1 TO R-10 AND R-13;
SRI SHIVARAJ S.HIREMATH, ADVOCATE FOR R-11 AND R-12;
SRI ANANTH MANDGI, SR.ADVOCATE FOR
SRI SANGRAM S. KULKARNI, ADVOCATE R-14)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED GOVERNMENT ORDER NO. CI/83 SPI/2018 BENGALURU DATED 12-03-2018 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-F; B) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE 4TH RESPONDENT TO CONSIDER AND PASS APPROPRIATE ORDER ON RESOLUTION PASSED BY THE FOREST RIGHTS GRAM SABHA COMMITTEE ON 18.11.2015 VIDE ANNEXURE-D IN SO FOR AS PETITIONERS CLAIM ARE CONCERNED; C) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS TO REGULARIZE THE LAND MEASURING 2 ACRES EACH IN LAND BEARING R S NO. 4 SITUATED AT KAGIHAL VILLAGE OF SOUNDATTI TALUK IN BELAGAVI DISTRICT IN THE LIGHT OF RECOMMENDATION MADE BY THE FOREST RIGHTS GRAM SABHA COMMITTEE. FURTHER TILL CONSIDERATION OF THE APPLICATIONS SUBMITTED BY THE PETITIONERS BEFORE THE FOREST RIGHTS GRAM SABHA COMMITTEE VIDE ANNEXURE-D, DIRECT THE RESPONDENT NO.14 RESTRAINING THEM FROM INTERFERING WITH PEACEFUL POSSESSION AND ENJOYMENT OF THE LAND IN QUESTION; D) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION SUBMITTED BY THE BY THE PETITIONERS DATED 6-2-2025 VIDE ANNEXURE-K.
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioners in the conglomeration of these cases seek identical relief. They are said to be in occupation of certain lands which they claim to be the lands of the Department of Forest or granted lands, as the case would be, which are now allotted to the 14th respondent - M/s Greenko Solar Energy Private Limited (hereinafter referred to as ‘the Company’ for short). Since all the cases seek the same relief on common facts with different bits of lands, they are considered together in this common order.
2. Heard Sri H.M. Dharigond, learned counsel appearing for the petitioners; Sri V.S. Kalasurmath, learned Additional Government Advocate appearing for respondents 1 to 10 and 13; Sri V. Shivaraj Hiremath, learned counsel appearing for respondents 11 and 12 and Sri Ananth Mandgi, learned senior counsel appearing for respondent No.14.
3. Facts in brief, in Writ Petition No.101924 of 2025, which are common in other writ petitions except different bits of lands, are as follows: -
3.1. The petitioners and their families are said to be belonging to a certain stratum of society which is termed as the weaker section and are residents of Yakkundi Village in Savadatti Taluk, Belagavi District. The petitioners were owning certain lands and all those lands got submerged in the waters of Malaprabha project and, therefore, the members of the families of the petitioners are unauthorizedly cultivating and are in physical possession of lands of different survey numbers measuring different dimensions in all these cases, but all pertain to Savadatti and Belagavi Taluks of Belagavi District. The petitioners, in all these cases, have submitted applications in Form No.A under Rule 11(a)(A) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules,2006 (hereinafter referred to as ‘the Rules’ for short) requesting grant or according of regularization of lands over which they are in unauthorized cultivation. The Forest Right Committee/Gram Sabha holds a meeting and passes a resolution on 18-11-2015 that the petitioners are eligible to be granted regularization of lands over which they are in unauthorized cultivation, of different dimensions in different survey numbers. The resolution along with list of eligible applicants is communicated to the 4th respondent/Assistant Commissioner of Bailhongal Sub-Division seeking performance of the needful.
3.2. When things stood thus, it appears that respondent No.12, the President of the Forest Rights Committee, proposes establishment of an integrated renewable energy project consisting of a 600 MW pumped storage energy project, 1000 MW solar power project and 400 MW wind power project with an investment of ₹11,790/- crores. According to the 12th respondent, it would generate employment in the area and about 500 persons would get employment if the said proposal comes through. Pursuant to the proposal, deliberations or correspondences happen between the quarters of the Government and the proposal was placed before the 50th Land Audit Committee. The said Committee, in its meeting held, interacts with the representatives of the Company, accepts the proposal on a condition that the provisions of the Land Reform laws would be complied with, for procurement of lands, as obtaining under Section 109 of the Karnataka Land Reforms Act, 1961 (‘Land Reforms Act’ for short).
3.3. The Land Audit Committee further resolved to recommend to the State High Level Clearance Committee for approval of the project proposal of respondent No.12 to establish a renewable energy project in 6000 acres of land to be purchased under Section 109 of the Land Reforms Act in various survey numbers of different Taluks of Belagavi District. The said proposal was examined and approved by the 51st State High Level Clearance Committee and the State after looking into the recommendations made by the High-Level Clearance Committee passed an order according sanc
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