Karnataka High Court
WA/1720/2026 of STATE OF KARNATAKA Vs SRI P.Y. MALLESH, on 28 September 2026
CNR: KAHC010459902026 NC: 2026:KHC:53754-DB WA No. 1720 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1720 OF 2026 (KLR-RR/SUR) BETWEEN: 1.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
WRIT APPEAL NO. 1720 OF 2026 (KLR-RR/SUR)
BETWEEN:
1.
STATE OF KARNATAKA
BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BANGALORE-560 001.
2.
STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S BUILDING,
BANGALORE-560 001.
3.
STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FOREST,
ECOLOGY AND ENVIRONMENT,
M.S BUILDING,
BANGALORE-560 001.
4.
THE DEPUTY COMMISSIONER,
MYSORE DISTRICT,
MYSORE-570 001.
5.
THE ASSISTANT COMMISSIONER,
HUNSUR SUB-DIVISION,
HUNSUR,
MYSORE DISTRICT-571 105.
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
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6.
THE TAHSILDAR,
PIRIYAPATNA TALUK,
7.
THE COMMISSIONER,
SURVEY SETTLEMENT AND
LAND RECORDS,
K.R. CIRCLE,
BANGALORE-560 001.
8.
THE DEPUTY DIRECTOR
OF LAND RECORDS,
MYSORE DISTRICT,
MYSORE-570 001.
9.
THE ASSISTANT DIRECTOR
OF LAND RECORDS,
PIRIYAPTNA TALUK,
10.
THE CHIEF CONSERVATOR OF FOREST,
MYSURU CIRCLE,
ARANYA BHAVAN,
ASHOKAPURAM,
6TH CROSS, MYSORE -571 008.
11.
THE DEPUTY CONSERVATOR OF FOREST,
MYSURU DIVISION, MYSURU,
ARANYA BHAVAN,
ASHOKAPURAM, 6TH CROSS,
MYSORE -571 008.
12.
THE RANGE FOREST OFFICER,
PIRIYAPATNA FOREST RANGE,
PIRIYAPATNA-571 107.
…APPELLANTS
(BY SRI.S.H.RAGHAVENDRA, AGA)
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AND:
1.
SRI P.Y. MALLESH,
S/O YARRAPPA,
AGED ABOUT 73 YEARS,
R/A CONVENT ROAD,
PIRIYAPATNA TOWN,
…RESPONDENT
(BY SRI. K.N.NITISH, FOR RESPONDENT)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED
22/01/2025 PASSED IN WP NO.31686/2024 BY THE LEARNED
SINGLE JUDGE AND DISMISS THE SAID WRIT PETITION, ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ appeal has been filed by the State Authorites impugning the order dated 22.01.2025 passed by the writ Court in W.P.No.31686/2024 (KLR-RES), whereby the petition filed by the respondent herein is allowed.
2. As the land in question is a forest land and there is nothing on record to suggest that the said land was ever converted into
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non forest land, there is no question of any grant being made of the forest land. However, as the matter is pending before the Supreme Court in T N GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND ORS [(2006) 1 SCC 1], the respondent may get himself impleaded for appropriate relief in the above case before the Supreme Court.
3. The land in question was declared as forest land way back in the year 1941 by the then Ruler of Mysore as State Forest.
4. The then Ruler of Mysore, His Highness Maharaja of Mysore in exercise of powers under Section 17 of the Mysore Forest Act, 1900 on 01.05.1941 declared approximately 1112 Acres and 27 guntas i.e., 179 sq. meters situated in Mummadikaval Village, Kasaba Hobli, Periyapatna Taluk, Mysore District, as a forest land, which would include the land in survey numbers wherein the petitioner has been seeking phodi and durasti.
5. We are of the view, that there is no question of diverting the State Forest in favour of any individual.
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6. Sri K.N. Nitish, learned counsel appearing for the respondent seeks leave of the Court to dismiss the writ petition as withdrawn with liberty to approach the Supreme Court by filing an appropriate application in the pending proceedings in the case of GODAVARMAN cited supra.
7. We therefore, allow this writ appeal and dismiss the W.P.No.31686/2024 as withdrawn, with liberty to the petitioner to seek remedy if any, before the Supreme Court.
8. Pending interlocutory application(s) if any, stand disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
NG CT:SN List No.: 1 Sl No.: 24