- 1 - HC-KAR NC: 2026:KHC:7775-DB WP No. 1745 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH 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. 1745 OF 2026 (KLR-RES) BETWEEN: B K NARASIMHA MURTHY S/O. LATE KRISHNAPPA, AGED 48 YEARS, R/A. BHUVANAHALLI VILLAGE, KASABA HOBLI, DEVENAHALLI TALUK, BENGALURU RURAL DISTRICT PIN 562 110. …PETITIONER (BY SRI. B RAMESH.,ADVOCATE) AND: 1. UPA LOKAYUKTHA KARNATAKA LOKAYUKTHA, M.S.BUILDING, DR.B.R.AMBEDKAR ROAD, BENGALURU -560 001 2. THE STATE OF KARNATAKA, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, MS BUILDING, AMBEDKAR VEEDHI BENGALURU-560 001. REP. BY ITS SECRETARY. 3. DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT. DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7775-DB WP No. 1745 of 2026 DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT PIN 562 110. 4. THE ASSISTANT COMMISSIONER, DODDABALLAPUR SUB DIVISION, DODDABALLAPUR ROAD, DODDABALLAPUR BENGALURU RURAL DISTRICT PIN 561 203. 5. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, BANGALORE RURAL DISTRICT, K.G.ROAD, BENGALURU-560 053. 6. THE EXECUTIVE OFFICER, TALUK PANCHAYATH DEVANAHALLI TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT PIN - 562 110. 7. THE TAHSILDAR, DEVANAHALLI TOWN DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT PIN 562 110. 8. PANCHAYATH DEVELOPMENT OFFICER, ANNESHWAR GRAMA PANCHAYATH. ANNESHWARA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK. BENGALURU RURAL DISTRICT PIN 562 110. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R2 TO R4 & R7) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE 8TH RESPONDENT PANCHAYAT TO CONSIDER THE REPRESENTATION DATED 05/06/2025 SUBMIT BY THE PETITIONER WHICH IS PRODUCED AND MARKED AS ANNEXURE-Q. - 3 - HC-KAR NC: 2026:KHC:7775-DB WP No. 1745 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 AGA accepts notice for respondent Nos.2 to 4 and 7. 3. The petitioner has filed the present petition as a public interest litigation, inter alia, praying that a direction be issued to respondent No.8 [Panchayat Development Officer, Anneshwara Grama Panchayath, Anneshwara Village], to consider the petitioner's representation dated 05.06.2025. The petitioner further prays that directions be issued not to meddle with a property to the extent of 0.21 guntas, falling in Survey No.31 in Bhuvanahalli Village, Devanahalli Taluk, Bengaluru Rural, pending disposal of the proceedings before the Upa Lokayukta. 4. The petitioner is aggrieved by the diversion of the subject land for providing low cost accommodation. The petitioner states that the subject land is a land which was reserved for social - 4 - HC-KAR NC: 2026:KHC:7775-DB WP No. 1745 of 2026 forestry [Gunduthopu] and therefore, cannot be used for construction of buildings or forming of sites. The petitioner states that there were 33 guntas of land earmarked for the said purpose. However, 0.12 guntas were acquired for widening of the national highway and remaining 0.21 guntas were retained by the Panchayat and the same is now being diverted. 5. The petitioner also referred to an order dated 27.06.2023 passed by the Division Bench of this Court in Writ petition No.43104/2017(GM-KLA) whereby certain petitioners have challenged the report submitted by the Lokayukta under Section 12(1) of the Karnataka Lokayukta Act, 1984, whereby the said authority had directed the competent authority to cancel the sites allotted in favour of the writ petitioners in the said petition [beneficiaries of the allotment under the Ashray scheme]. This Court has disposed of the said petition by directing the Lokayukta to conduct a fresh enquiry in respect of the complaint [complaint/Uplok/BD-1418/2016/ARLO-2] and proceed in accordance with law. - 5 - HC-KAR NC: 2026:KHC:7775-DB WP No. 1745 of 2026 6. The petitioner contends that notwithstanding that the complaint is pending enquiry regarding the diversion of the subject land, the Panchayat is proceeding to allot the sites. 7. The limited question which arises in the present case is whether there is any impediment in diversion of the land for implementing the Ashraya scheme. 8. The learned counsel appearing for the petitioner submits that since the subject land is a forest land, the same could not be diverted. In view of the aforesaid submission, we consider it apposite to direct the respondent Nos.2 to 8 to consider whether there is any impediment in law for diverting the subject land and if such diversion is contrary to law to take necessary steps. 9. The petition is disposed of with the aforesaid observations. 10. Pending applications, if any, stand disposed of. SD/- (VIBHU BAKHRU) CHIEF JUSTICE SD/- (C.M. POONACHA) JUDGE Vmb, List No.: 2 Sl No.: 5