Sri N Ugraiah v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21991 OF 2026 (GM-FOR) BETWEEN:

SRI. N. UGRAIAH AGED ABOUT 73 YEARS S/O LATE UGREGOWDA NAYAKANAHALLI VILLAGE UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANGARA DISTRICT - 562 117. …PETITIONER (BY SRI. VENKATESHAPPA, ADVOCATE) AND:

¶1STATE OF KARNATAKA FOREST ECOLOGY AND ENVIRONMENT DEPARTMENT M.S. BUILDING, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.

¶2THE KARNATAKA STATE ECO TOURISM DEVELOPMENT BOARD 5TH FLOOR, VANAVIKASA 18TH CROSS, MALLESWARAM BENGALURU - 560 003 REPRESENTED BY ITS MANAGING DIRECTOR.

3. THE DEPUTY CONSERVATOR OF FORESTS/ MEMBER SECRETARY

by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

CAUVERY WILDLIFE DIVISION ECO SENSITIVE ZONE MONITORING COMMITTEE OFFICE OF THE DEPUTY CONSERVATOR OF FORESTS, APMC ROAD BEHIND MARADI GUDDA, KOLLEGAL, CHAMARAJANAGAR DISTRICT - 571 440.

¶4THE ASSISTANT CONSERVATOR OF FORESTS WILDLIFE SUB DIVSIION CAUVERY WILDLIFE SUB DIVISION RAMANGARA KANAKAPURA ROAD (NH 209) KANAKAPURA, RAMANAGARA DISTRICT - 562 117.

¶5THE RANGE FOREST OFFICER OFFICE OF THE RANGE FOREST OFFICER WILDLIFE RANGE, SANGAMA KANAKAPURA TALUK - 562 117. …RESPONDENTS (BY SMT. ARITHA KULKARNI, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTTUTION OF INDIA PRAYING TO I ) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASH THE NOTICE DATED 19.11.2025 BEARING NO. W.A.A./SA.W.JI./PA.SOOKSHMA VALAYA/2025-26/116 ISSUED BY THE RESPONDENT NO.5. RANGE FOREST OFFICER, WILDLIFE RANGE, SANGAMA (ANNEXURE-F) AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

¶1Petitioner is before this Court seeking for the following reliefs: a. Issue a Writ of Certiorari or any other appropriate writ, order or direction quash the Notice dated

19.11.2025 bearing No. W.A.A./SA.W.JI./Pa.SookshmaValaya/2025-26/116 issued by the Respondent No.5. Range Forest Officer, Wildlife Range, Sangama (Annexure-F); b. Issue a Writ of Certiorari or any other appropriate writ, order or direction quash the Memorandum dated 26.12.2025 bearing No. W.A.A./S.W.J./Pa.Sookshma Valaya/2025-26/130 issued by the Respondent No.5. Range Forest Officer, Wildlife Range, Sangama (Annexure-H); c. Issue a Writ of Certiorari or any other appropriate writ, order or direction quash the communication dated

29.12.2025 bearing No.S.A.S./W.U.V./Pa.Soo. Wa./2025-26 issued by the Respondent No.4 Assistant Conservator of Forests, Wildlife Sub-Division, Kanakapura (Annexure-J); d. Issue a Writ of Certiorari or any other appropriate writ, order or direction quash the communication dated

31.03.2026 bearing No.Sa.Ni./Pra./Ra./Homestay/36/2025-26/180 issued by the Assistant Director, Department of Tourism, Bengaluru South District (Annexure-M); and e. Consequently, issue a Writ of Mandamus directing the Respondents not to interfere with the Petitioner's peaceful operation of the registered Homestay situated in Survey

No.81/2, Chikkamudude Village, Uyyamballi Hobli, Kanakapura Taluk, except in accordance with law; f. Issue such other writ, order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, including costs of these proceedings, in the interest of justice and equity.

¶2Though the relief which has been sought for is for quashing a show cause notice dated 19.11.2025 at Annexure-F, the ground for seeking for such quashing is that the respondents have no jurisdiction to issue such notice. The notice suffering from a foundational jurisdictional error, this Court is required to intercede in the matter and quash a show cause notice, which would serve no purpose.

¶3The notice which has been issued to the petitioner is that the petitioner is alleged to have violated the eco-sensitive zone and set up its business activities, and in that background, the petitioner has been called upon to produce documents and explain the same.

¶4The petitioner is the owner of the land in Survey No.81/2 of Chikkamudude Village, Uyyamballi Hobli, Kanakapura Taluk, Ramanagara District, and has established his business on the said land.

¶5By relying on the notification dated 22.08.2017, more particularly Annexure-1 thereto, the submission of learned counsel for the petitioner is that the boundary

description of the eco-sensitive zone around Kaveri Wildlife Sanctuary, insofar as Chikmudude Village is concerned, relates only to Survey Nos.48, 47, 46, 30, 29, 27, 35, 101 and 80. Survey No.81 or any sub-numbers of Survey No.81, including Survey No.81/2, are not part of the said boundary description, and on that ground, the submission is that no notice could have been issued as issued by the respondents when Survey No.81 is not part of the eco-sensitive zone.

¶6Learned Additional Government Advocate on instruction, has produced a memo along with a sketch indicating a line drawn around various survey numbers to contend that Survey No. 81, including Survey No. 81/2, is also a part of the Cauvery Wildlife Sanctuary. The said village map with the marking which has been produced ex facie is not in conformity with the boundary description of the aforesaid notification inasmuch as the said line which has been drawn incorporates and extends to various other survey numbers other than and over and above the notification dated 22.08.2017.

¶7The respondents could have claimed violation only if the said land came within the purview of the aforesaid notification and not otherwise. Ex facie, the land in Survey No.81 is not covered under the said notification. There is a foundational jurisdictional error committed in the exercise of powers by the respondents, requiring this

Court to intervene since no such show cause notice could have been issued in respect of the land which is not part of the eco-sensitive zone in terms of the notification dated

22.08.2017. There being other further notification which has been placed on record indicating that Survey No.81 is part of the eco-sensitive zone.

¶8In that view of the matter this Court passes the following: ORDER

i) Writ petition is allowed.

ii) A certiorari is issued, the notice dated

19.11.2025 at Annexure-F and the consequent Memorandum dated 26.12.2025 at Annexure-H, the communication dated

29.12.2025 at Annexure-J and the communication dated

31.03.2026 at Annexure-M are hereby quashed.

Sd/- (SURAJ GOVINDARAJ) JUDGE

GJM List No.: 1 Sl No.: 16