Sri Madaiah Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Madaiah Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC:52604 WP No. 13131 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO. 13131 OF 2022 (GM-RES)

BETWEEN:

SRI MADAIAH, AGED ABOUT 50 YEARS, S/O KALAIAH,

SRI KRISHNA, AGED ABOUT 46 YEARS, S/O KEMPAIAH,

BOTH ARE PRESIDENT AND SECRETARY ARANYA HAKKU SAMITHI HANDIGUDDA GIRIJANA HADY, R/AT HANDIGUDDA KAVAL VILLAGE, HARNAHALLI HOBLI, BYLUKUPPA POST, PERIYAPATNA TALUK, MYSORE DISTRICT-571104.

Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

(BY SRI. B S NAGARAJ.,ADVOCATE)

AND:

…PETITIONERS

THE STATE OF KARNATAKA, REP BY ITS PRL. SECRETARY, DEPARTMENT OF FISHERIES, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU-560001.

2 - NC: 2025:KHC:52604 WP No. 13131 of 2022

HC-KAR

THE DIRECTOR OF FISHERIES, 3^RD FLOOR, PODIUM BLOCK, VISHVESHWARAYYA BUILDING, DR AMBEDKAR VEEDHI, BENGALURU-560001.

THE ASSISTANT DIRECTOR OF FISHERIES, PERIYAPATNA TALUK, MYSORE DISTRICT-571104.

SMT LAKSHMI, W/O NARAYANA, R/AT HANDIGUDDA KAVAL VILLAGE, HARNAHALLI HOBLI, BYLUKUPPA POST, PERIYAPATNA TALUK, MYSORE DISTRICT-571104.

…RESPONDENTS

(BY SRI MAHANTESH SHETTAR, AGA FOR R1 TO R3, SRI NATARAJU T, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.30.11.2021 IN REF NO.DOF-TECHOALL(2)/173/2021 E-621602 PASSED BY THE R- 2 THE DIRECTOR OF FISHERIES COPY AT ANNEXURE-A AND ETC.

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

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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NC: 2025:KHC:52604 WP No. 13131 of 2022

HC-KAR

ORAL ORDER

Heard Sri. B.S. Nagaraj, learned counsel for the petitioners Sri. Mahantesh Shettar, learned Additional Government Advocate for respondent Nos.1 to 3 and Sri. Nataraju T., learned counsel for respondent No.4.

In this writ petition, the petitioners are assailing the order dated 30.11.2021 (Annexure-A) passed by the respondent no. 2. It is the grievance of the petitioner that the respondent Nos.1 to 3 shall be restrained from infringing the rights of the petitioners as provided under Section 3 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

Having taken note of the submission made by the learned counsels appearing for the respective parties, as the impugned order of the respondent is of the year 2021, which is for the period of five (05) years, I am of the view that, no interference is called for in this writ petition at this stage.

4 - NC: 2025:KHC:52604 WP No. 13131 of 2022

HC-KAR

However, it is open for the petitioner to make suitable representation to the competent authority as urged in the petition in due course, in the event such adverse action has been taken by the respondents in future.

With the observation made above, the writ petition is

disposed of.

Sd/(E.S.INDIRESH) JUDGE

NM

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