Karnataka High Court
WA/693/2026 of SHRI. H.K. SURESHA Vs STATE OF KARNATAKA, on 18 August 2026
CNR: KAHC010148732026 NC: 2026:KHC:44337-DB WA No. 693 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 693 OF 2026 (GM-FOR) BETWEEN: 1.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT APPEAL NO. 693 OF 2026 (GM-FOR)
BETWEEN:
1.
SHRI H.K. SURESHA
S/O LATE KENCHAPPA
AGE ABOUT 53 YEARS
OCC: AGRICULTURIST
R/O. HARAMAGHATTA VILLAGE
HOLALURU-I HOBLI - 577 216
SHIVAMOGGA TQ. & DIST
…APPELLANT
(BY SRI S.B. SHAIKH, ADVOCATE FOR
SRI SYED KHADER NAWAZ.,ADVOCATE [VC])
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF FOREST
ECOLOGY AND ENVIRONMENT
M.S. BUILDING
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
2.
DISTRICT LEVEL FOREST RIGHTS COMMITTEE
SHIVAMOGGA DISTRICT, SHIVAMOGGA
REPRESENTED BY ITS CHAIRMAN
Digitally
signed by K
P SWETHA
Location:
High Court
of Karnataka
HC-KAR
THE DEPUTY COMMISSIONER
SHIVAMOGGA DISTRCT
SHIVAMOGGA - 577 201
3.
THE SUB DIVISIONAL FOREST
RIGHTS COMMITTEE
SHIVAMOGGA SUB DIVISION, SHIVAMOGGA
REPRESENTED BY ITS CHAIRMAN
THE ASST. COMMISSIONER
SHIVAMOGGA SUB DIVISION
SHIVAMOGGA - 577 201
4.
THE HARAMAGHATTA VILLAGE FOREST RIGHTS
COMMITTEE, HOLALURU HOBLI
SHIVAMOGGA TALUK
SHIVAMOGGA DISTRCT - 577 201
REPRESENTED BY ITS CHAIRMAN
5.
SRI KALLESHWARA AND ANJANEYA SWAMY
SEVA SAMITHI HARAMAGHATTA
REPRESENTED BY ITS CHAIRMAN
SRI SHASHIKANTHA
S/O RANGAPPA
AGE ABOUT 54 YEARS
R/O. SOMINAKOPPA
HOLALURU HOBLI
SHIVAMOGGA TQ. & DISTRICT - 577 202
6.
THE TAHASILDHAR
SHIVAMOGGA TALUK
…RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE
FOR R-1 TO R-3 AND R-6)
HC-KAR
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET
ASIDE THE ORDER DATED 08/12/2025 PASSED IN W.P.
NO.9466/2023 (GM-FOREST) ON THE FILE OF THIS HON'BLE
HIGH COURT OF KARNATAKA, AND ALSO TO SET ASIDE THE
ORDER DATED 30/01/2023 PASSED BY THE SECOND
RESPONDENT
PRODUCED
AS
PER
ANNEXURE-N,
BY
ALLOWING THE WRIT APPEAL & ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. This is an application-I.A.No.3/2026 seeking recall of the order dated 05.08.2026 whereby, the above captioned appeal was dismissed in default.
2. It is also relevant to note that the said appeal was filed on 24.02.2026 and was listed before the concerned Registrar on four occasions for curing the defects. However, the same had not been cured.
3. Notwithstanding the same, we have heard the learned counsel for the appellant on merits.
HC-KAR
4. The appellant has filed the present appeal impugning an order dated 08.12.2025 passed by the learned Single Judge in W.P.No.9466/2023 (GM-FOR).
5. The appellant had filed the said petition impugning an order dated 30.01.2023 passed by respondent No.2 (District Level Forest Rights Committee, Shivamogga District) [Committee]. The said committee by resolution dated 13.03.2015 recognized that the appellant was vested with forest rights over land measuring 4 acres and 18 guntas comprising in Survey No.38 of Haramaghatta Village and accordingly, granted such rights under the provisions of Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Subsequently, it was found that the appellant had secured the said order by suppressing the fact that he was holding Hiduvali land sanctioned by the Government.
6. In view of the aforesaid, the Committee instructed the Sub- Division Level Forest Right Committee, Shivamogga to conduct an inquiry, who in turn, directed the Tahsildar, Shivamogga to submit a report. Accordingly, the Tahsildar Shivamogga had submitted the report stating that the appellant was holding Bagar Hukum lands in
HC-KAR
Sy.No.64 (1 acre and 5 guntas); Sy.No.67 (1 acre and 20 guntas) and his wife Smt.Kavita Suresh also held 2 acres and 20 guntas in Sy.No.18 in Haramagatta village.
7. In view of the report, the Committee came to the conclusion that the appellant was not dependent on the forest land and accordingly, had decided to cancel the grant of forest rights.
8. The learned Single Judge in the aforesaid context, dismissed the writ petition finding that there was no infirmity in the order dated 30.01.2023 passed by the concerned authority.
9. The learned counsel appearing for appellant submits that the authority had no jurisdiction to review its own earlier order and this vitiates the order dated 30.01.2023.
10. We do not find any merit in the said contention. If the appellant had obtained the declaration of forest rights by suppressing material facts as found by the concerned authorities, the authority could not be said to be without jurisdiction to take remedial steps upon such suppression being brought to his notice.
HC-KAR
11. In view of the above, I.A.No.3/2026 is allowed and the order dated 05.08.2026, whereby the appeal was dismissed for default is recalled. Having heard on merits, the appeal stands dismissed.
12. Pending interlocutory applications stand disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KPS, List No.: 1 Sl No.: 23