- 1 - HC-KAR NC: 2026:KHC:11595-DB WP No. 35260 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 35260 OF 2025 (GM-RES-PIL) BETWEEN: 1. CHANDRASHEKAR R S/O RENUKAPPA AGED ABOUT 45 YEARS RESIDING AT JIGALE MANE SHIRAGUPPE, ULLURU SAGAR, SHIVAMOGGA - 577 412 2. JAGANNATH S/O KOLLURUGOWDA AGED ABOUT 70 YEARS RESIDING AT JIGALE MANE SHIRAGUPPE, ULLURU SAGAR, SHIVAMOGGA - 577 412 3. KRISHNAMURTHY S/O NAGESH AGED MAJOR RESIDING AT JIGALE MANE SHIRAGUPPE, ULLURU SHIVAMOGGA, SAGAR KARNATAKA - 577 412 4. TUKKARAM S/O KOLLURUGOWDA AGED ABOUT 67 YEARS Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11595-DB WP No. 35260 of 2025 RESIDING AT JIGALE MANE SHIRAGUPPE ULLURU SHIVAMOGGA, SAGAR KARNATAKA - 577 412 5. YESHODHARA S/O KANNAGOWDA AGED ABOUT 48 YEARS RESIDING AT JIGALE MANE SHIRAGUPPE, ULLURU SHIVAMOGGA, SAGAR KARNATAKA - 577 412 6. SHIVAPPA S/O HUCCHAPPA AGED ABOUT 46 YEARS RESIDING AT JIGALE MANE SHIRAGUPPE, ULLURU SHIVAMOGGA, SAGAR KARNATAKA - 577 412 …PETITIONERS (BY SRI VINOD KUMAR M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SECRETARY FOREST DEPARTMENT GOVERNMENT OF KARNATAKA BENGALURU - 560 080 2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER SIR M.V. ROAD, SHIVAMOGGA - 577 201 3. THE TAHSILDAR OFFICE OF THE TAHSILDAR - 3 - HC-KAR NC: 2026:KHC:11595-DB WP No. 35260 of 2025 SAGARA TALUK, SAGARA SHIMOGA DISTRICT - 577 401 4. THE P.D.O. VILLAGE PANCHAYAT ULLURU VILLAGE PANCHAYAT SAGARA TALUK SHIVAMOGGA DISTRICT - 577 401 5. DUSHYANTH S/O SATYANARAYANA AGED 32 YEARS SITTING ULLURU VILLAGE PANCHAYAT MEMBER RESIDENT OF SHIRAGUPPE VILLAGE SAGARA TALUK SHIVAMOGGA DISTRICT - 577 401 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR PROTECTION AND PRESERVATION OF GOVERNMENT FOREST LAND, REMOVAL OF ILLEGAL ENCROACHMENT, AND RESTORATION OF ECOLOGICAL BALANCE PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION DIRECTING RESPONDENTS TO REMOVE THE ILLEGAL ENCROACHMENT AND CONSTRUCTION BY RESPONDENT No. 5 ON GOVERNMENT LAND IN SURVEY No. 58 SHIRAGUPPPE VILLAGE, BY CONSIDERING THE REPRESENTATIONS DATED 11.09.2025 AND DATED 15.09.2025 PRODUCED AT ANNEXURE-G AND H & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:11595-DB WP No. 35260 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. 2. The learned Additional Government Advocate accepts notice for the respondents - State. 3. The petitioners have filed the present petition as a public interest litigation, inter alia, praying that directions be issued to the respondents to remove the illegal encroachment and construction that has been raised on Government land falling in Sy.No.58 of Shiraguppe Village, Sagara Taluk, Shivamogga District. The petitioners also pray that the land be restored to the original condition as grazing land and deemed forest. 4. The petitioners allege that land falling in Survey No.58 of Shiraguppe Village, Shivamogga District, Karnataka, is traditionally used as gomal land for grazing of cattle, and nine (09) acres of the said land was declared as deemed forest. The petitioners submit - 5 - HC-KAR NC: 2026:KHC:11595-DB WP No. 35260 of 2025 that the portions of the deemed forest are now being levelled for construction of houses. They have also annexed the satellite images, which reflects certain construction on land marked as land falling in Survey No. 58. 5. Concededly, no forest land can be diverted for construction of residential houses. 6. In view of the above, we consider it apposite to direct the respondents to examine the allegations made in the present petition and if it is found that any part of the forest land is being diverted for use of residential purposes, the concerned authority shall take immediate steps as warranted in accordance with law. 7. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 2 Sl No.: 12