High Court of Karnataka Hears Writ Petition Challenging State SC/ST Commission's Order Directing Mutation of Forest Lands. Petitioners, Revenue and Forest Authorities, Seek Certiorari to Quash Order Dated 18.05.2023 Under Articles 226 and 227 of Constitution of India, Alleging Commission Exceeded Jurisdiction Under Karnataka State Commission for Scheduled Castes and Scheduled Tribes Act, 2002.

High Court: Karnataka High Court Bench: BENGALURU
  • 3
Judgement Image
Font size:
Print

Case Note & Summary

The writ petition was filed by government authorities from the Revenue and Forest Departments under Articles 226 and 227 of the Constitution of India challenging the order dated 18.05.2023 passed by the Karnataka State Commission for Scheduled Castes and Scheduled Tribes in Case No. 272/2022. The State Commission had directed that survey numbers 144, 143, 142, 70, 68, 69, 34 and 59 situated in Seebi Village and Seebi Agrahara Village of Kallambella Hobli, Sira Taluk, Tumakuru District be deleted from the revenue records maintained in the name of the Forest Department, declared that the lands do not constitute forest land, and ordered mutation of khata in the names of the private respondents. The petitioners contended that the lands had been notified as State Forest under Section 4 of the Mysore Forest Regulation, 1900, by Notification dated 08.11.1947, covering an extent of 989 acres 39 guntas. The respondents had claimed ancestral grants and sought transfer of khata on the basis of Pouthi Varasu. Joint spot inspections were conducted by revenue and forest officials, and the Forest Department reported that the lands formed part of Seebi State Forest and deemed forest, with no evidence of any grant in favour of the respondents' ancestors. The Deputy Conservator of Forests requested the Deputy Commissioner not to entertain the applications, alleging that documents were fabricated. A criminal case Crime No. 173 of 2022 was registered against the respondents. Despite these reports, the State Commission passed the impugned order. The petitioners argued that the State Commission lacks statutory jurisdiction to pass orders affecting forest land records and revenue entries, as its powers under the Karnataka State Commission for Scheduled Castes and Scheduled Tribes Act, 2002, are limited to investigating safeguards and inquiring into specific complaints of deprivation of rights. The court reserved orders on 24.07.2026 and pronounced a CAV order on 07.08.2026, but the final operative part is not available in the extracted text. The core legal issue was whether the State Commission acted beyond its statutory powers, and if so, whether the order is liable to be quashed under Articles 226 and 227 of the Constitution of India. The judgment's final decision is not mentioned in the provided excerpt.

Headnote

A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India, 1950 - Government authorities filed writ petition seeking certiorari to quash Karnataka State Commission for SC/ST order dated 18.05.2023 in Case No. 272/2022 which directed deletion of Survey Nos. 144, 143, 142, 70, 68, 69, 34 and 59 from forest records and mutation in favour of private respondents - Petitioners contended Commission lacked jurisdiction to pass such orders (Paras 1-3, 6).

B) Statutory Interpretation - Jurisdiction of State SC/ST Commission - Karnataka State Commission for Scheduled Castes and Scheduled Tribes Act, 2002 - Petitioners argued that the Commission's powers are limited to investigating safeguards and inquiring into deprivation of rights, not to declare land as non-forest or order mutation; Statement of Objects and Reasons of the 2002 Act relied upon to show limited jurisdiction - Issue raised whether Commission exceeded statutory powers (Paras 7.11).

C) Forest Law - State Forest Declaration - Mysore Forest Regulation, 1900, Section 4 - Petitioners asserted that lands were notified as State Forest under Notification dated 08.11.1947 and formed part of Seebi State Forest; Forest Department reports confirmed forest status; no grant documents existed in favour of respondents' ancestors - Commission's order deleting lands from forest records was contrary to material on record (Paras 7.1-7.10).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the Karnataka State Commission for Scheduled Castes and Scheduled Tribes had jurisdiction to pass order dated 18.05.2023 in Case No. 272/2022 directing deletion of Survey Nos. 144, 143, 142, 70, 68, 69, 34 and 59 from forest records and mutation in favour of private respondents; whether the impugned order is liable to be quashed under Articles 226 and 227 of the Constitution of India.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

Not mentioned in extracted text; court reserved for orders on 24.07.2026 and pronounced CAV order, but final operative part not available.

Law Points

  • Writ jurisdiction under Articles 226 and 227 of Constitution of India
  • State Commission for SC/ST cannot exceed powers under Karnataka State Commission for Scheduled Castes and Scheduled Tribes Act
  • 2002
  • lands notified as State Forest under Section 4 of Mysore Forest Regulation
  • 1900
  • no mutation without valid grant
  • statutory bodies must act within jurisdiction
Subscribe to unlock Law Points Subscribe Now

Case Details

2026 LawText (KAR) (08) 26

Writ Petition No. 6885 of 2025 (GM-FOR)

2026-08-07

Suraj Govindaraj

2026:KHC:41956

Smt. Saritha Kulkarni for petitioners; Sri Prithveesh M.K along with Sri. M.D. Sultan for Sri. Thilak Ittangur B.N. for R1 to R7

The Prl. Secretary to Govt., Department of Revenue, Karnataka Government Secretariat; The Regional Commissioner, Bengaluru Range; The District Commissioner, Tumakuru District; The Asst. Commissioner, Madhugiri Sub-Division; The Tahsildar, Shira Taluk; The Range Forest Officer, Madhugiri Range; The Asst. Conservator of Forests, Shira Taluk

Smt. Pavithra; Sri Rangaiah; Sri Nataraju; Sri. Obbalanarasimaiah; Sri. Lakshmana; Smt. Puttamma; Sri A R Ramanna

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Writ petition under Articles 226 and 227 of Constitution of India challenging order of Karnataka State Commission for Scheduled Castes and Scheduled Tribes dated 18.05.2023 in Case No. 272/2022.

Remedy Sought

Petitioners, government authorities, sought writ of certiorari to quash the Commission's order directing deletion of certain survey numbers from forest records and mutation in favour of private respondents.

Filing Reason

State Commission passed order beyond jurisdiction by declaring forest lands as non-forest and directing mutation based on alleged fabricated documents, despite Forest Department reports that the lands formed part of State Forest.

Previous Decisions

Karnataka State Commission for SC/ST passed order dated 18.05.2023 in Case No. 272/2022 directing deletion of lands from Forest Department records and mutation in names of respondents.

Issues

Whether State Commission had jurisdiction to pass order directing deletion of forest land records and mutation? Whether the impugned order dated 18.05.2023 is liable to be quashed under Articles 226 and 227 of Constitution of India?

Submissions/Arguments

Petitioners argued that State Commission lacks jurisdiction to order deletion of forest records and mutation, as its powers are limited to investigating safeguards and inquiring into deprivation of rights under the Karnataka State Commission for Scheduled Castes and Scheduled Tribes Act, 2002. Petitioners contended that lands were notified as State Forest under Mysore Forest Regulation, 1900, and no grant documents existed; hence no basis for Pouthi khata transfer; documents were fabricated. Petitioners relied on Statement of Objects and Reasons of the Act of 2002 to show limited jurisdiction of State Commission. Respondents had claimed ancestral grants and sought khata transfer; they approached State Commission alleging revenue authorities failed to effect transfer.

Ratio Decidendi

The ratio decidendi cannot be fully extracted from the provided text; however, the petition raised the principle that statutory bodies must act within the powers conferred by their parent Act, and orders beyond such jurisdiction are void and subject to certiorari under Articles 226 and 227 of the Constitution of India.

Judgment Excerpts

The Commission further declared that the said lands do not constitute forest land and directed the competent Revenue Authorities to effect mutation and enter the khata in the names of the respondents in accordance with law. (Para 6) Ms Saritha Kulkarni, Learned AGA submits that there is no document whatsoever evidencing any grant having been made in favour of the ancestors of the respondents. (Para 7.6) Her submission is that the State Commission does not have the power to pass any such orders. (Para 7.11) The Government of His Highness the Maharaja of Mysore, in exercise of the powers conferred under Section 4 of the Mysore Forest Regulation, 1900, issued Notification No. A & F-2062-Ft.44-47-2989 dated 08.11.1947 proposing to constitute an extent of 989 acres and 39 guntas of land situated in Seebi Village, Kallambella Hobli, Sira Taluk, Tumakuru District, comprising Survey Nos. 65, 66, 67, 68, 69, 70, 71, 72, 73, 134, 142, 143, 144, 145, 146 and 147, as State Forest. (Para 7.1)

Procedural History

Private respondents filed Complaint No. 272 of 2022 before Karnataka State Commission for SC/ST alleging failure of revenue authorities to effect Pouthi khata transfer. Commission passed order dated 18.05.2023 directing deletion of lands from Forest Department records and mutation in favour of respondents. Petitioners, government authorities, filed Writ Petition No. 6885 of 2025 under Articles 226 and 227 challenging the order. Court reserved orders on 24.07.2026 and pronounced CAV order on 07.08.2026.

Acts & Sections

  • Constitution of India: Articles 226, 227
  • Mysore Forest Regulation, 1900: Section 4
  • Karnataka State Commission for Scheduled Castes and Scheduled Tribes Act, 2002:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court High Court of Karnataka Hears Writ Petition Challenging State SC/ST Commission's Order Directing Mutation of Forest Lands. Petitioners, Revenue and Forest Authorities, Seek Certiorari to Quash Order Dated 18.05.2023 Under Articles 226 and 227 of Cons...
Related Judgement
Supreme Court Supreme Court Upholds Assessee in Agricultural Income Tax Case Due to Co-ownership Not Partnership. Assessment Under Section 13 of Bihar Agricultural Income Tax Act, 1948 Applicable to Common Manager of Co-owners, Not Partnership Firm Under Section 3...