Disposed¶45

C R Vishwanath v. Chief Secretary

Karnataka HC18 Nov 2025WP/458/2024

Case brief

AI extract

What is this about?

Deemed forest; joint survey; Forest Department survey excluding Revenue authorities; Sy.No.15/02 measuring 12 acres; Srimatada Kaval; Chikkaganni Village, Kasaba Hobli, Channarayapatna Taluk, Hassan District; purchase under sale deed 26.07.2021 from A.C.Anandakumar; impugned order dated 02.07.2022 No.B4(A4) Srimatada Kaval/GL-7968/2022-23; Articles 226 and 227 Constitution of India; WP No. 458 of 2024 (GM-FOR); NC: 2025:KHC:47329; disposed of with direction for joint survey within one month with notice to petitioner; no precedents cited; no quantum or costs.

What did the court decide?

Direction to respondent Nos.2 and 4 to conduct a fresh joint survey of the land within one month, with notice to the petitioner to participate; further proceedings against the petitioner to follow only on the joint survey report if he is found in possession of forest land.

C R Vishwanath Vs Chief Secretary — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the land bearing Sy.No.15/02 measuring 12 acres is deemed forest forming part of Srimatada Kaval Deemed Forest, or private land owned by the petitioner. +1 more

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Court's answer

Further proceedings against the petitioner shall be taken on the basis of the report of the joint survey, and only if he is found to be in possession of the forest land; the substantive deemed-forest versus private-land question is left to be determined in the joint survey.

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Ratio / Principle

The writ petition is disposed of with a direction to respondent Nos.2 and 4 to conduct a fresh joint survey of the land in question, with notice to the petitioner to participate in the survey.

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Key takeaways

The joint survey shall be conducted within a period of one month.ratio¶45

Detailed headnote1 paragraphs

Single Judge of the High Court of Karnataka (Justice D K Singh) disposed of W.P. No. 458 of 2024 (GM-FOR), filed under Articles 226 and 227 of the Constitution of India, by directing a fresh joint survey rather than adjudicating the merits. The petitioner, C R Vishwanath, who purchased land bearing Sy.No.15/02 measuring 12 acres under registered sale deed dated 26.07.2021 from A.C.Anandakumar, challenged Annexure-V, the order dated 02.07.2022 (No.B4(A4) Srimatada Kaval/GL-7968/2022-23) of the Deputy Conservation of Forest, Hassan District, treating the land as deemed forest in Srimatada Kaval. Observing that the Forest Department survey did not include the Revenue Officer/Revenue Department, and recording that the learned AGA had no substantial objection, the Court directed respondent Nos.2 (Deputy Conservation of Forest) and 4 (Tahasildar, Holenarasipura Taluk) to conduct a fresh joint survey within one month, with notice to the petitioner to participate; further proceedings are to be taken against the petitioner only on the survey report if he is found in possession of forest land. The core question whether the land is deemed forest or private land remains open for determination in the joint survey. No precedent was cited and no costs were imposed.

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NC: 2025:KHC:47329 WP No. 458 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE D K SINGH

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WRIT PETITION NO. 458 OF 2024 (GM-FOR)

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BETWEEN:

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C R VISHWANATH

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S/O RAMKRISHNEGOWDA, AGED ABOUT 39 YEARS, CHIKKAGANNI VILLAGE,

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KASABA HOBLI,

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CHANNARAYAPATNA TALUK,

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HASSAN DISTRICT - 573201

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…PETITIONER

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(BY SRI. GIRISH B BALADARE., ADVOCATE)

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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AND:

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CHIEF SECRETARY

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ENVIRONMENT, FOREST AND ECOLOGY, VIDHANA SOUDHA,

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BANGALORE - 560001

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DEPUTY CONSERVATION OF FOREST HASSAN DIVISION,

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HASSAN - 573201

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2 - NC: 2025:KHC:47329 WP No. 458 of 2024

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HC-KAR

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RANGE FOREST OFFICER (RFO)

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REGIONAL FORESTRY ZONE, HOLENARSIPURA TALUK, HASSAN DISTRICT -573201

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TAHASILDAR HOLENARAISIPURA TALUK HOLENARASIPURA, HASSAN DISTRICT-573201

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…RESPONDENTS

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(BY SRI.M.N.SUDEV HEGDE, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-V THAT IS ORDER DATED 02/07/2022 BEARING NO. B4 (A4) SRIMATADA KAVAL/GL-7968/2022-23 PASSED BY THE SECOND RESPONDENT DEPUTY CONSERVATOR OF FOREST, HASSAN DIVISION, HASSAN AND ALTERNATIVELY PASS APPROPRIATE ORDER IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

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

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NC: 2025:KHC:47329 WP No. 458 of 2024

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE D K SINGH

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ORAL ORDER

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The present writ petition has been filed by the petitioner seeking quashing of the order dated 02.07.2022 bearing No.B4(A4) Srimatada Kaval/GL-7968/2022-23 passed by respondent No.2-the Deputy Conservation of Forest, Hassan District stating that the land bearing Sy.No.15/02 measuring 12 acres is deemed forest.

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Learned counsel for the petitioner submits that the petitioner has purchased the said land under registered sale deed dated 26.07.2021 from one A.C.Anandakumar. The survey conducted by the Forest Department does not include the Revenue Officer or the Revenue Department for coming to the correct conclusion that whether the said land is forest land and situated in Srimatada Kaval Deemed Forest or it is a private land owned by the petitioner. He, therefore, submits that this Court may direct respondent No.2 and respondent No.4-Tahsildar, Holenaraisipura Taluk to conduct a joint survey and during survey, the petitioner should also be given a notice to participate.

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NC: 2025:KHC:47329 WP No. 458 of 2024

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HC-KAR

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Mr.M.N.Sudev Hegde, learned AGA does not have

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much objection to such prayer made by learned counsel for the petitioner.

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In view thereof, the present writ petition is disposed of with a direction to respondent Nos.2 and 4 to conduct a fresh joint survey of the land in question and the petitioner should also be given a notice for conducting such a survey. On the basis of the report to be submitted after conducting the joint survey, further proceedings should be taken against the petitioner, if he is found to be in possession of the Forest land. A joint survey to be conducted within a period of one month.

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Sd/(D K SINGH) JUDGE

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List No.: 1 Sl No.: 24

C R Vishwanath v. Chief Secretary

Case brief

What is this about?

What did the court decide?

C R Vishwanath v. Chief Secretary

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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