THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 11.03.2026 FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THIS COURT, MADE THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

CAV ORDER

This writ petition is filed seeking following reliefs:

(i) Issue a writ of certiorari thereby setting aside the impugned order dated 30.06.2023 passed by the first respondent authority in the appeal filed by the petitioner herein under Section 64A(3) of the Karnataka Forest Act, 1963 (Act for brevity) vide Appeal No.361/2022-23 as per Annexure-A.

(ii) Issue a writ of certiorari, thereby setting aside the impugned order dated 17.10.2022 passed by respondent No.2-authority in proceeding bearing reference No. ¸ÀD¸ÀA/¨ ÉAGG«/D¥ÀæzÉñÀ/MvÀÄÛª Àj/512/2022-23, under Section 64A of the Karnataka Forest Act, 1963, as regards land bearing Sy.No.143, to an extent of 4 acres 20 guntas of Machohalli Village, Bengaluru North Taluk, as per Annexure-B, and

(iii) grant such other relief/s as would be deemed fit by this Hon'ble Court to be granted under the facts and circumstances of the present case in the interest of justice and equity.

2. Brief facts of the case are:

2.1 That the land bearing Sy.No.143, measuring 4 acres 20 guntas situated at Machohalli Village, Bangalore North Taluk (hereinafter referred to as `subject land') originally owned by one K.V.Narayanamurthy, he having been granted the same in terms of a Grant Order dated 19.11.1979. The said land was demarcated by the Assistant Director of Land Records vide order bearing No.ADLRDPRA 17/80-81. After the expiry of non-alienation period, the Deputy Commissioner, Bangalore Urban, granted permission to alienate the said land by order dated 11.01.1995.

2.2 That on 30.03.1995, one Mrs.Vydehi purchased an extent of 2 acres from K.V.Narayanamurthy from and out of portion of subject land. Thereafter on 23.12.1995, Mr.H.Mahadeva, the father of said Mrs.Vydehi, purchased the balance extent of 2 acres 20 guntas of subject land from said K.V.Narayanamurthy.

2.3 Petitioner purchased the entire extent of 4 acres 20 guntas of subject land from aforesaid Mr.H.Mahadeva and Mrs.Vydehi in terms of two deeds of sale dated 26.09.2000. Name of the petitioner has been mutated in the revenue records. The petitioner thus has been in peaceful possession and enjoyment of the subject land. Petitioner has leased out subject land to a Trust known and called as "Shri Vani Education Center" which has been established for the purpose of imparting education and to carry on allied activities.

2.4 Things stood thus, respondent No.4 initiated the proceedings against the petitioner in Forest Case No.17 of 2016-17, alleging that the subject land was a part of "Reserve Forest Area" and that the petitioner had violated the provisions of Sections 24(g), 24(gg), 24(h), 73, 78, 82(b), 104 and 104(c) of the Karnataka Forest Act, 1963. Consequently, Respondent No. 2 passed the impugned order dated 17.10.2022 holding that the subject land formed part of the notified forest and that the petitioner was in unauthorized occupation of the same, and has consequently called upon the petitioner to remove the encroachment.

2.5 That the appeal filed by the petitioner, before the respondent No.1 -appellate authority, has been dismissed vide impugned order dated 30.06.2023 confirming the order passed by the respondent No.2.

2.6 That in view of observation made by respondent No.2-authority at page 3 of the impugned order regarding non-availability of the original map of Machohalli plantation, it was not possible for him to ascertain whether or not the landmass measuring 139 acres and 12 guntas had been vested with the Forest Department. As such, the determination of the subject land held by the petitioner to be a `forest land' as made by the respondent No.2-authority is illegal, arbitrary and unlawful.

2.7 That even according to respondent No.2, several individuals and organizations had been granted various portions of forest land and there is no me