Smt. Kamalamma Vs State of Karnataka

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1 - NC: 2026:KHC:33604 WP No. 36025 of 2025

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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 6^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.36025 OF 2025 (GM-FOR)

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BETWEEN:

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SMT. KAMALAMMA W/O. LATE GANAPATI AGED ABOUT 84 YEARS R/AT TAVEREHALLI VILLAGE ANANDAPURA HOBLI, SAGAR TALUK SHIMOGA DISTRICT-577 412

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SRI LOKAPPA S/O. NARAYANAPPA AGED ABOUT 51 YEARS R/AT ADURU VILLAGE ANANDAPURAM HOBLI, SAGAR TALUK SHIMOGA DISTRICT-577 412

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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SRI RATNAKAR D. S/O. DEVENDRAPPA AGED ABOUT 68 YEARS R/AT NO.28, MUMBALU VILLAGE ANANDAPURAM HOBLI, SAGAR TALUK SHIMOGA DISTRICT-577 412

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SRI RUDRAPPA GOWDA S/O. HALAPPA GOWDA AGED ABOUT 63 YEARS R/AT NO.276, JEDISARA TAVAREHALLI VILLAGE ANANDAPURAM HOBLI, SAGAR TALUK SHIMOGA DISTRICT-577 412

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2 - NC: 2026:KHC:33604 WP No. 36025 of 2025

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HC-KAR

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SRI GANAPATI S/O. LATE YOGAPPA BEESANAGADDE AGED ABOUT 50 YEARS R/AT ADUR VILLAGE ANANDAPURAM HOBLI, SAGAR TALUK SHIMOGA DISTRICT-577 412

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SRI MANJUNATH S/O. PUTTAPPA AGED ABOUT 75 YEARS R/AT TAVERAHALLI VILLAGE ANANDAPURAM HOBLI, SAGAR TALUK SHIMOGA DISTRICT-577 412

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SMT. JAYAMMA W/O. S. K. VEERAPPA AGED ABOUT 71 YEARS R/AT HOSUR VILLAGE ANANDAPURA HOBLI, SAGAR TALUK SHIMOGA DISTRICT-577 412

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SRI LAKSHMANAPPA S/O. KERIYA NAIKA AGED ABOUT 57 YEARS R/AT TAVERAHALLI VILLAGE ANANDAPURA HOBLI, SAGAR TALUK SHIMOGA DISTRICT-577 412

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SRI MAHABALESHWARA S/O. RAMAPPA AGED ABOUT 80 YEARS R/AT ADUR VILLAGE ANANDAPURA HOBLI, SAGAR TALUK SHIMOGA DISTRICT-577 412

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SRI MANJAPPA S/O. KARIMUTTNAIK AGED ABOUT 67 YEARS R/AT ADUR VILLAGE ANANDAPURA HOBLI

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3 - NC: 2026:KHC:33604 WP No. 36025 of 2025

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HC-KAR

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SAGAR TALUK

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SHIMOGA DISTRICT-577 412

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…PETITIONERS

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(BY SRI VIKRAM HULIGOL, SR. COUNSEL FOR SRI MUNIRAJA M., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF FORESTS VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS SECRETARY

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THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001

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THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FORESTS ECOLOGY AND ENVIRONMENT M.S. BUILDING, DR. AMBEDKAR VEEDHI

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BENGALURU-560 001

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THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HEAD OF FOREST FORCE) 4^TH FLOOR, ARANYA BHAVAN 18^TH CROSS, MALLESWARAM BENGALURU-560 003

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THE ADDITIONAL CHIEF CONSERVATOR OF FORESTS (WORKING PLAN) 7^TH FLOOR, ARANYA BHAVAN 18^TH CROSS, MALLESWARAM BENGALURU-560 003

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4 - NC: 2026:KHC:33604 WP No. 36025 of 2025

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HC-KAR

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THE DEPUTY COMMISSIONER

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SHIMOGA DISTRICT SIR M. V. ROAD, (SOWLANGA ROAD) GONDICHATNAHALLI SHIMOGA-577 201

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THE CHIEF CONSERVATOR OF FORESTS SHIMOGA CIRCLE

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SHIMOGA DISTRICT-577 201

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THE DEPUTY CONSERVATOR OF FORESTS FOREST DIVISION SAGAR SHIMOGA-577 401

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THE DEPUTY CONSERVATOR OF FORESTS (WORKING PLAN AND MEASUREMENT) ALKOLA, SHIMOGA-577 204

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THE FOREST SETTLEMENT OFFICER SAGAR SUB-DIVISION, ALKOLA SHIMOGA-577 401

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…RESPONDENTS

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(BY SMT. SARITHA KULKARNI, A.G.A., FOR R-1 TO R-10)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 08.07.2022, 05.02.2024, 10.02.2024, 06.11.2024, 25.08.2025 AND 11.11.2025 AS PER ANNEXURE-A, A1 TO A5 TO IMPLEMENT THE PROCEEDINGS INITIATED UNDER SECTIONS 11 TO 14 OF THE KARNATAKA FOREST ACT VIDE NO. AS.VYA.SA(1) C.R.01/2023-24 DATED 27.11.2023 AND TO ISSUE FINAL NOTIFICATION UNDER SECTION 17 OF THE KARNATAKA FOREST ACT, 1963 BY EXCLUDING THE PETITIONERS LANDS IN THE VARIOUS VILLAGES, THAT ARE TAVAREHALLI VILLAGE, ADURU VILLAGE, MUMBALU VILLAGE, HOSUR VILLAGE AND ADUR VILLAGE AS PER ANNEXURE-G IN ACCORDANCE WITH LAW.

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5 - NC: 2026:KHC:33604 WP No. 36025 of 2025

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HC-KAR

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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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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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Petitioners are before this Court seeking for the

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following reliefs:

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"A. TO ISSUE a writ of mandamus or any other appropriate writ by directing the respondents to consider the representations dated 08.07.2022, 05.02.2024, 10.02.2024, 06.11.2024, 25.08.2025 and 11.11.2025 as per Annexure-A, A1 to A5 to implement the proceedings initiated under Section 11 to 14 of the Karnataka Forest Act vide No.As. Vya. Sa(1) C.R.01/2023-24 dated 27.11.2023 and to issue final notification under Section 17 of the Karnataka Forest Act, 1963 by excluding the Petitioners Lands in the various villages, that are Tavarehalli village, Aduru village, Mumbalu village, Hosur village and Adur village as per Annexure-G in Accordance with Law;

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B. GRANT such other orders or directions that this Hon'ble Court may deem fit under the facts and circumstances of the case, in the interest of justice."

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The grievance of the petitioners is that various representations submitted by the petitioners on 08.07.2022, 05.02.2024, 10.02.2024, 06.11.2024,

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6 - NC: 2026:KHC:33604 WP No. 36025 of 2025

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HC-KAR

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25.08.2025 and 11.11.2025 at Annexure-A series have not been considered by the respondents and without considering the said representations the petitioners have sought to be dispossessed from the property in question.

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Whenever any representation has submitted it would could be required for the State Authorities to consider the same and pass necessary orders within a reasonable period of time either accepting or rejecting the representation. Needless to say that if an order of rejection is passed the same would have to be accompanied by reasons.

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In the present case, the first representation was submitted in the year 2022 as regards which no order has been passed till date. The intervening time cannot be said to be reasonable.

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In that view of the matter, this Court passes the following:

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NC: 2026:KHC:33604 WP No. 36025 of 2025

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HC-KAR

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ORDER

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(1) The writ petition is allowed .

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(2) The respondents are hereby directed to consider the representations of the petitioners dated 08.07.2022, 05.02.2024, 10.02.2024, 06.11.2024, 25.08.2025 and 11.11.2025 at Annexure-A series and pass necessary orders within a period of 3 weeks from the date of receipt of a copy of this order.

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(3) It is made clear that until such orders are passed, respondents are restrained from dispossessing the petitioners from the property in question.

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(4) It is further made clear that this Court has not expressed any opinion on the entitlement of the petitioners. The same would have to be independently considered

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NC: 2026:KHC:33604 WP No. 36025 of 2025

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HC-KAR

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by the respondents in accordance with law.

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SD/(SURAJ GOVINDARAJ) JUDGE

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DL List No.: 1 Sl No.: 32

Smt. Kamalamma v. State of Karnataka

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Smt. Kamalamma v. State of Karnataka

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