Allowed¶¶53

The State of Karnataka v. B G Shamanna

Deemed forest – tree-cutting permission

Karnataka HC6 Aug 2025WA/1705/2024

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Case brief

AI extract

What is this about?

Keywords: deemed forest; deemed forest classification; Eucalyptus and Acacia tree cutting permission; mandamus to revenue and forest officials; no objection letter for diversion of land; aerial map showing larger forest area; Survey No. 24, Nanjalpura Village, Hallimysuru Hobli, Holenarasipura Taluk, Hassan; writ appeal under Section 4 of the Karnataka High Court Act; single judge order set aside; 128 days delay condoned; entitlement to occupy land for agricultural purposes; Karnataka High Court Division Bench, August 2025.

What did the court decide?

Writ appeal allowed; impugned order dated 10.06.2024 set aside; respondent left at liberty to avail of all remedies in respect of the Forest Department's deemed-forest decision; pending IAs disposed of. ¶¶53

The State of Karnataka Vs B G Shamanna — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent's entitlement extends beyond mere permission to cut trees on the subject land to occupying the land for agricultural purposes, in view of the Forest Department's treatment of the land as a deemed forest. +1 more

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Court's answer

The issue in the matter is not confined to the permission to cut trees, but extends to whether the respondent would be entitled to occupy the subject land for agricultural purposes as well.

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Ratio / Principle

For the reasons stated in the affidavit filed in support of IA No.1/2024, the application is allowed and the delay of 128 days in filing the appeal is condoned.

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Key takeaways

In view of the Deputy Conservator of Forests having declined a no objection letter for diversion of the land on the ground that it is now a deemed forest, and the aerial map showing the entire 06 acres to be part of a larger forest area, the impugned order of the learned Single Judge is set aside.ratio¶¶51
The respondent is at liberty to avail of all his remedies in respect of the decision taken by the Department of Forests.ratio¶¶52

Detailed headnote1 paragraphs

Deemed forest - tree-cutting permission - writ appeal allowed. A Division Bench of the Karnataka High Court (Vibhu Bakhru, CJ and C M Joshi, J) allowed the State's writ appeal under Section 4 of the Karnataka High Court Act and set aside the learned Single Judge's order dated 10.06.2024 in Writ Petition No. 11099/2024 (GM-FOR), which had directed the Deputy Commissioner, Hassan District, the Tahasildar, the Chief Conservator of Forests and the Deputy Conservator of Forests to permit the respondent to cut and remove Eucalyptus and Acacia trees on Survey No. 24 (6 acres), Nanjalpura Village, Hallimysuru Hobli, Holenarasipura Taluk. A memo showed that the Deputy Conservator of Forests, Social Forestry Division, Hassan had declined a no objection letter for diversion of the land on the ground that it is now a deemed forest, and an aerial map indicated that the entire 06 acres forms part of a larger forest area. The Court held that the issue was not confined to permission to cut trees but extended to the respondent's entitlement to occupy the land for agricultural purposes, set aside the impugned order, and left the respondent at liberty to avail of all remedies against the Forest Department's deemed-forest decision. The delay of 128 days in filing the appeal was condoned (IA No.1/2024) and pending IAs were disposed of.

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NC: 2025:KHC:30592-DB WA No. 1705 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF AUGUST, 2025

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PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1705 OF 2024 (GM-FOR)

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BETWEEN:

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THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S BUILDING, BENGALURU-560 001.

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THE DEPUTY COMMISSIONER, HASSAN DISTRICT, OFFICE OF DEPUTY COMMISSIONER, RANGOLI HALLA, HASSAN-573 201.

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Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA

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THE TAHSILDAR, HOLENARASIPURA TALUK, OFFICE OF TAHSILDAR, MINI VIDHANA SOUDHA, RIVER BANK ROAD, HOLENARASIPURA, HASSAN DISTRICT-573 211.

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THE CHIEF CONSERVATOR OF FORESTS, HASSAN CIRCLE, ARANYA BHAVAN, NEAR DAIRY CIRCLE, B M ROAD, HASSAN-573 201.

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THE DEPUTY CONSERVATOR OF FORESTS, SOCIAL FORESTRY-HASSAN DIVISION, ARANYA BHAVAN, NEAR DAIRY CIRCLE, B M ROAD, HASSAN-573 201.

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THE ASSISTANT CONSERVATOR OF FOREST,

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NC: 2025:KHC:30592-DB WA No. 1705 of 2024

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HC-KAR

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SOCIAL FORESTRY, HOLENARASIPURA SUB DIVIVISION, HASSAN DIVISION, HOLENARASIPURA-573 211.

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THE RANGE FOREST OFFICER, SOCIAL FORESTRY, OFFICE OF THE RANGE FOREST OFFICER, HOLENARASIPURA, HASSAN-573 211.

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…APPELLANTS

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(BY SRI K.S HARISH, GOVT. ADVOCATE)

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AND:

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B G SHAMANNA, S/O LATE B. L GUNDAPPA, AGED ABOUT 70 YEARS, R/AT NO. 1656B, 2^ND CROSS, NORTHERN EXTENSION, HASSAN-573 201.

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…RESPONDENT (BY SRI VENUGOPAL M S, ADVOCATE)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) CALL FOR THE RECORDS IN WP No. 11099/2024 (GM-FOR) b) SET ASIDE THE ORDER DATED 10.06.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 11099/2024 (GM-FOR) ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI

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3 - NC: 2025:KHC:30592-DB WA No. 1705 of 2024

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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For the reasons stated in the affidavit filed in support

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of IA No.1/2024, the same is allowed. The delay of 128

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days in filing the appeal is condoned.

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The appellants (State) have filed the present appeal impugning an order dated 10.06.2024 [impugned order] passed by the learned Single Judge of this Court in Writ Petition No. 11099/2024 [GM-FOR].

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In terms of the impugned order, the learned Single Judge has directed the Deputy Commissioner, Hassan District, the Tahasildar, the Chief Conservator of Forests, and the Deputy Conservator of Forests, [who are arrayed as respondents 2 to 5], to permit the respondent [Petitioner] to cut and remove Eucalyptus and Acacia trees standing on the land bearing Survey No. 24 measuring 6 acres located at Nanjalpura Village, Hallimysuru Hobli,

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NC: 2025:KHC:30592-DB WA No. 1705 of 2024

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HC-KAR

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Holenarasipura Taluk [subject land] as expeditiously as possible.

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The learned Government Advocate, appearing for the appellants submits that it was contended before the learned Single Judge that if reasonable time is granted the said officials would consider the request made by the petitioner in accordance with law. Notwithstanding the said submission, the learned Single Judge had issued a writ in the nature of mandamus, directing the said officials to permit the removal of trees.

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A memo has been filed which indicates that the Deputy Conservator of Forests, Social Forestry Division, Hassan, had declined to give a no objection letter, for diversion of the said land, on the ground that, it is now a deemed forest. The learned Government Advocate has also handed over an aerial map marking the area in question, which indicates that the entire 06 acres is a part of a larger forest area.

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NC: 2025:KHC:30592-DB WA No. 1705 of 2024

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HC-KAR

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It is clear from the above that the issue is not

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confined to the permission to cut trees, but whether the respondent would be entitled to occupy the land for agricultural purposes as well.

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The learned counsel appearing to the respondent states that since the decision in this regard has been taken by the Forest Department, he would require to challenge the same. He seeks liberty to file an appropriate petition challenging the decision of the Forest Department holding that the subject land is a deemed forest.

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