Disposed¶55

Chandrashekar R v. the State of Karnataka

Karnataka HC25 Feb 2026WP/35260/2025

Case brief

AI extract

What is this about?

PIL; writ petition under Article 226; illegal encroachment; deemed forest; gomal land; grazing land; Survey No. 58; Shiraguppe Village; Sagara Taluk; Shivamogga; Ulluru Village Panchayat; representations dated 11.09.2025 and 15.09.2025; direction to examine allegations and take steps against diversion of forest land; petition disposed; High Court of Karnataka; Vibhu Bakhru, CJ; C.M. Poonacha, J.

What did the court decide?

Petition disposed of with a direction to the respondents to examine the allegations in the petition and, if any part of the forest land is found diverted for residential use, to take immediate steps as warranted in accordance with law. ¶55

Chandrashekar R Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:11595-DB WP No. 35260 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF FEBRUARY, 2026

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PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 35260 OF 2025 (GM-RES-PIL)

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BETWEEN:

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CHANDRASHEKAR R

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S/O RENUKAPPA AGED ABOUT 45 YEARS

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RESIDING AT JIGALE MANE SHIRAGUPPE, ULLURU

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SAGAR, SHIVAMOGGA - 577 412

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JAGANNATH S/O KOLLURUGOWDA AGED ABOUT 70 YEARS

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Digitally signed by SRIDEVI S Location: High Court of Karnataka

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RESIDING AT JIGALE MANE SHIRAGUPPE, ULLURU

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SAGAR, SHIVAMOGGA - 577 412

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KRISHNAMURTHY S/O NAGESH AGED MAJOR

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RESIDING AT JIGALE MANE SHIRAGUPPE, ULLURU SHIVAMOGGA, SAGAR KARNATAKA - 577 412

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TUKKARAM S/O KOLLURUGOWDA AGED ABOUT 67 YEARS

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2 - NC: 2026:KHC:11595-DB WP No. 35260 of 2025

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HC-KAR

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RESIDING AT JIGALE MANE SHIRAGUPPE ULLURU SHIVAMOGGA, SAGAR KARNATAKA - 577 412

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YESHODHARA S/O KANNAGOWDA AGED ABOUT 48 YEARS RESIDING AT JIGALE MANE SHIRAGUPPE, ULLURU SHIVAMOGGA, SAGAR KARNATAKA - 577 412

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SHIVAPPA S/O HUCCHAPPA AGED ABOUT 46 YEARS RESIDING AT JIGALE MANE SHIRAGUPPE, ULLURU SHIVAMOGGA, SAGAR KARNATAKA - 577 412

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…PETITIONERS

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(BY SRI VINOD KUMAR M., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY SECRETARY FOREST DEPARTMENT GOVERNMENT OF KARNATAKA BENGALURU - 560 080

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THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER SIR M.V. ROAD, SHIVAMOGGA - 577 201

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THE TAHSILDAR OFFICE OF THE TAHSILDAR

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3 - NC: 2026:KHC:11595-DB WP No. 35260 of 2025

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HC-KAR

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SAGARA TALUK, SAGARA SHIMOGA DISTRICT - 577 401

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THE P.D.O. VILLAGE PANCHAYAT ULLURU VILLAGE PANCHAYAT SAGARA TALUK

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SHIVAMOGGA DISTRICT - 577 401

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DUSHYANTH S/O SATYANARAYANA AGED 32 YEARS SITTING ULLURU VILLAGE PANCHAYAT MEMBER RESIDENT OF SHIRAGUPPE VILLAGE SAGARA TALUK SHIVAMOGGA DISTRICT - 577 401

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-3)

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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.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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4 - NC: 2026:KHC:11595-DB WP No. 35260 of 2025

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HC-KAR

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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Issue notice.

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The learned Additional Government Advocate accepts notice for the respondents - State.

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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.

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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

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5 - NC: 2026:KHC:11595-DB WP No. 35260 of 2025

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HC-KAR

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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.

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Concededly, no forest land can be diverted for construction of residential houses.

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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.

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The petition is disposed of in the aforesaid terms.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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Sd/(C.M. POONACHA) JUDGE

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SD List No.: 2 Sl No.: 12

Chandrashekar R v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Chandrashekar R v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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