Sri Venkataswamy Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Sri Venkataswamy Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of; impugned orders dated 11.07.2019 (Annexure-Q, respondent No.3) and 17.01.2022 (Annexure-R, respondent No.2) set aside; matter remitted to Respondent No.3 for joint survey with Revenue and Forest Department records and a separate sketch, with appropriate order within 3 months; petitioner to appear before Respondent No.3 on 03.08.2026 without notice; no precipitative action against the petitioner till then.

Issue for consideration

Whether the land claimed by the petitioner (Sy.No.51, Old Sy.No.38, Re.Sy.No.38/P1, measuring 1 acre 10 guntas, Chapura Village, granted to his father on 06.10.1978) forms part of the 'State Forest' notified on 03.06.1936. +1 more

Court's answer

Whether the land claimed by the petitioner falls within the boundaries of the notified State Forest requires determination by the respondent-authorities (including survey); only then can the petitioner be precluded from claiming his right over the property.

Ratio / Principle

The impugned orders dated 11.07.2019 (Annexure-Q) and 17.01.2022 (Annexure-R) did not advert to, and left undetermined, whether the land claimed by the petitioner formed part of the notified 'State Forest'; accordingly they are set aside.

Key takeaways

Matter remitted to Respondent No.3 to conduct a joint survey in the presence of the petitioner with reference to the records of the Revenue Department and the Forest Department, prepare a separate sketch of the petitioner's land, and conclude whether the claimed land falls within the State Forest boundary; if it does not, the petitioner shall not be troubled.ratio¶54
The fresh exercise is to be completed and an appropriate order passed within an outer limit of 3 months thereafter.ratio¶58

Detailed headnote1 paragraphs

High Court of Karnataka (M.G.S. Kamal J., oral order dated 06.07.2026) disposed of Writ Petition No. 5039 of 2022 (GM-FOR) under Articles 226 and 227 of the Constitution. The petitioner, whose father obtained a grant of 1 acre 10 guntas in Sy.No.51, Old Sy.No.38, Re.Sy.No.38/P1, Chapura Village, Chintamani Taluk on 06.10.1978 (grant certificate Annexure-B), challenged the order dated 11.07.2019 of Respondent No.3 (Annexure-Q) and the appellate order dated 17.01.2022 of Respondent No.2 (Annexure-R) passed under Section 64-A / Section 64-A(3) of the Karnataka Forest Act, 1963, rejecting his claim that the land was not part of the State Forest notified on 03.06.1936 (Annexure-R1/R2) under Section 17 of the Mysore Forest Regulation (XI of 1900). The Court held that neither impugned order determined whether the petitioner's land actually fell within the notified forest boundary, and that no such survey finding was evident; the extent declared as State Forest in the Schedule was also unclear. Setting aside both orders, the Court remitted the matter to Respondent No.3 to conduct a joint survey in the petitioner's presence with reference to Revenue and Forest Department records, prepare a separate sketch and pass an appropriate order within an outer limit of 3 months, directed the petitioner to appear on 03.08.2026 without notice, and restrained precipitative action in the interregnum. The Apex Court decisions cited by the State ((2007) 15 SCC 744; (2023) 17 SCC 779) were referred but not applied by the Court.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 5039 OF 2022 (GM-FOR)

BETWEEN:

SRI VENKATASWAMY S/O LATE GANGAPPA AGED ABOUT 60 YEARS R/AT AMBEDKAR NAGAR KAIWARA, CHINTAMANI TALUK CHICKKABALALPURA DISTRICT 563125

…PETITIONER

(BY SRI. M N VENKATA REDDY.,ADVOCATE)

AND:

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF FOREST VIDHANA SOUDAH BANGALORE - 560 001.

THE CHIEF CONSERVATOR OF FOREST AND FOREST APPELLATE TRIBUNAL AUTHORITY (REGIONAL) CIRCLE VANAVIKASA, 18^TH CROSS MALLESHWRAM BANGALORE - 560 003.

ASST. CONSERVATOR OF FORESTS CHINTAMANI SUB DIVISION CHINTAMANI CHIKKABALLALPURA DISTRICT - 563 125.

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THE RANGE FOREST OFFICER CHINTAMANI CHIKKABALLAPURA DISTRICT - 563 125.

…RESPONDENTS

(BY SRI. MAHANTESH SHETTAR., AGA FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DATED 11.07.2019 PASSED BY THE R-3 VIDE ANNEXURE-Q AND ORDER DATED 17.01.2022 PASSED BY R-2 VIDE ANNEXURE-R.

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

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

ORAL ORDER

Land in Sy.No.51, Old Sy.No.38, Re.Sy.No.38/P1, measuring 1 acre 10 guntas situated at Chapura Village, Kaiwara Hobli, Chintamani Taluk, which was purportedly subject matter of a grant made in the name of late A.D Gangappa, the father of the petitioner on 06.10.1978, is sought to be taken over by the respondents-forest department on the premise of the said land being part of declared State Forest. Being aggrieved, the present petition.

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2. Learned counsel for the petitioner taking this Court to the records submits that ever since the grant dated 06.10.1978 followed by issuance of a grant certificate as per Annexure-B, the father of the petitioner and upon his demise, his descendants including the petitioners have been in peaceful possession and enjoyment of the same. He submits Survey department and the revenue authorities have also conducted survey and have assigned sub-survey numbers and new survey numbers as noted above to the said land. Petitioners have been growing Raagi and cashew nuts in the said land.

3. Things stood thus, respondent No.3 had issued a notice under Section 64-A of the Karnataka Forest Act, 1963. Petitioner had submitted the reply before the Respondent No.3 and all the documents in justification of his claim of the land being their absolute property and not forming part of the State forest. However, such contention of the petitioner have been negated by the respondent No.4 vide order dated 11.07.2019. An appeal in this regard was also filed by the petitioner under Section 64-A(3) of the Karnataka Forest Act, 1963, before the respondent No.2, which also resulted in its dismissal vide order dated 17.01.2022 as per Annexure-R. Being aggrieved by the same, present petition.

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4. Learned AGA referring to the statement of objections and the documents annexed therewith submits that Chapura Village of Kaiwara Hobli, and an extent of 96 acres of land in Sy.No.38 situated in the said village were notified as State Forest as far back as on 03.06.1936. That a statement of land taken up for Kaiwara State Forest in Chintamani Taluk was also published as per Annexure-R2, giving specific details, boundaries and extent of the land which are taken over as State Forest. He submits since the land being claimed by the petitioner, formed part of the said notification, the revenue authorities had no jurisdiction to grant the same.

5. He submits the settled position of law in terms of the law laid down by the Apex Court in the case of STATE OF KARNATAKA V. I.S. NIRVANE GOWDA, reported in (2007) 15 SCC 744 and NARINDER SINGH VS. DIVESH BHOOTANI reported in (2023) 17 SCC 779 , that once the land is classified as a State Forest land, revenue authorities lose their authority/ jurisdiction over such land and they cannot issue any grant orders and revenue entries made pursuant to any grant order would be of no consequences. Therefore, he submits that the Respondent Nos.2 and 3 were justified in declining the claim of the petitioner.

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6. Heard. Perused the records.

7. Annexure-R1 to the writ petition is a Notification dated 03.06.1936 issued apparently in terms of Section 17 of the Mysore Forest Regulation (XI of 1900), notifying the lands described in the Schedule appended thereto as State Forest. Annexure-R2 is the Schedule. Second page of Annexure-R2 refers to Chapura Village, where extent of the land of the entire village is Sy.No.38, extent of the said Survey number forming part of the Gomala land, extent of the land which is sought to be notified is also mentioned. It is however not clear as to the actual extent of the land which is taken and declared as a 'State Forest'.

8. Impugned order passed by the respondent No.3 dated 11.07.2019 vide Annexure-Q and the order passed by the respondent No.2 dated 17.01.2022 vide Annexure-R do not advert to this aspect of the matter. There may not be any difficulty in certain extent of land of Chapura Village having been declared and notified as a 'State Forest', but the fact remains whether or not the land being claimed by the petitioner formed part of the said 'State Forest' area is not forthcoming. It is also not clear whether the respondent-authorities had conducted survey of the forest area and had found the land being claimed by the petitioner fell

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within the boundaries of the said forest area. This aspect of the matter requires determination at the hands of the respondentauthorities. Only then can the respondent-authorities preclude petitioner from claiming his right over the property.

9. Learned AGA, at this juncture submits that given an

opportunity a joint survey will be conducted identifying whether land being claimed by the petitioner.

10. Submission placed on record.

11. In that view of the matter, following;

ORDER

(i) Petition is disposed of.

(ii) The impugned orders dated 11.07.2019 passed by the respondent No.3 vide Annexure-Q and the order dated 17.01.2022 passed by the respondent No.2 vide Annexure-R are set aside.

(iii) Matter is remitted to the Respondent No.3, who shall conduct joint survey in the presence of the petitioner with reference to the records maintained by the Revenue Department and the records maintained by the Forest Department and prepare a separate

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sketch pertaining to the land belonging to petitioner and thereafter come to the conclusion if the land being claimed by the petitioner falls within the boundaries of the State Forest, if not petitioner shall not be troubled. Such exercise shall be conducted and appropriate order shall be passed within an outer limit of 3 months thereafter.

(iv) Since the petitioner is represented by the counsel, petitioner shall appear before the respondent No.3 on 03.08.2026 without any further notice.

(v) Till such time no precipitative actions shall be taken against the petitioners.

Sd/- (M.G.S. KAMAL) JUDGE

RU, List No.: 1 Sl No.: 30

Procedural history

How this case reached the court

AI extract

Order under challenge
Two orders challenged: (i) order dated 11.07.2019 passed by respondent No.3 vide Annexure-Q, and (ii) order dated 17.01.2022 passed by respondent No.2 vide Annexure-R, by which the petitioner's claim that the land is his absolute property and not part of the State Forest was rejected.¶23
Respondent No.3 (order dated 11.07.2019); Respondent No.2, appellate authority under Section 64-A(3) of the Karnataka Forest Act, 1963 (order dated 17.01.2022) · 11.07.2019 and 17.01.2022
Prior proceeding
Grant of the suit land (Sy.No.51, Old Sy.No.38, Re.Sy.No.38/P1, measuring 1 acre 10 guntas, Chapura Village) made in the name of late A.D Gangappa, father of the petitioner, on 06.10.1978.¶27
Prior proceeding
Grant certificate issued as per Annexure-B pursuant to the grant dated 06.10.1978; petitioner's family in possession, sub-survey/new survey numbers assigned, Raagi and cashew grown.¶30
Prior proceeding
Respondent No.3 issued a notice under Section 64-A of the Karnataka Forest Act, 1963.¶31
Prior proceeding
Petitioner submitted reply and supporting documents before Respondent No.3 claiming the land as absolute property outside the State Forest.¶31
Prior proceeding
Petitioner's contention negated by order dated 11.07.2019 (Annexure-Q). NOTE: paragraph 3 of the order attributes this order to respondent No.4, while the cause title and the operative ORDER attribute it to respondent No.3; extraction follows the cause title and operative order.¶31
Prior proceeding
Appeal filed under Section 64-A(3) of the Karnataka Forest Act, 1963 before respondent No.2; dismissed by order dated 17.01.2022 (Annexure-R).¶31
Prior proceeding
Notification dated 03.06.1936 (Annexure-R1) notifying scheduled lands as State Forest, apparently in terms of Section 17 of the Mysore Forest Regulation (XI of 1900); Annexure-R2 is the Schedule referring to Chapura Village/Sy.No.38.¶41
Prior proceeding
Court noted the Schedule does not clarify the actual extent of land declared as 'State Forest' in Chapura Village.¶41