Karnataka High Court
Mr Mahadevaiah vs The Revenue Secretary on 2 February, 2023
Author: Prasanna B. Varale
Bench: Prasanna B. Varale
-1-
WP No. 22489 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 22489 OF 2022 (KLR-RES)
BETWEEN:
1. MR MAHADEVAIAH
S/O MALLAIAH
HINDU, AGED ABOUT 75 YEARS
AADHAR CARD NO.579577464041
MOBILE NO.8105475798
2. MR LOKESH H S
S/O SHIVARUDRAIAH
HINDU, AGED ABOUT 40 YEARS
Digitally signed AADHAR CAR NO.8092984629741
by R DEEPA MOBILE NO.9845922249
Location: High
Court of 3. MR KEMPARAJU H
Karnataka S/O HANUMANTHAIAH
HINDU, AGED ABOUT 41 YEARS
AADHAR CARD NO.915164255029
MOBILE NO.9738248664
4. MR NAGABHUSHAN H P
S/O PUTTASWAMAIAH
HINDU, AGED ABOUT 42 YEARS
AADHAR CARD NO.370334921307
MOBILE NO.8722413659
-2-
WP No. 22489 of 2022
5. MR MANJUNATH H B
S/O BASAVARAJU
HINDU, AGED ABOUT 43 YEARS
AADHAR CARD NO.647366015201
MOBILE NO.7829777192
6. MR KUMAR H N
S/O NARAYANAPPA K
HINDU, AGED ABOUT 38 YEARS
AADHAR CARD NO.430502341537
MOBILE NO.9742510707
7. MR SHIVAKUMAR
S/O SHVIANNA
HINDU, AGED ABOUT 50 YEARS
AADHAR CARD NO.840425995455
MOBILE NO.8722275349
8. MR HANUMANTHARAJU P
S/O POOJA BAIYALAPPA
HINDU, AGED ABOUT 43 YEARS
AADHAR CARD NO.953378475443
MOBILE NO.9845073778
ALL ARE RESIDING AT HUSKUR VILLAGE
AND POST, DASANAPURA HOBLI
BENGALURU NORTH TALUK
...PETITIONERS
(BY SRI. C PRAKASH., ADVOCATE)
AND:
1. THE REVENUE SECRETARY
REVENUE DEPARTMENT
GOVERNMENT OF KARNATAKA
M S BUILDING
BENGALURU-560001
PHONE NO.080-22032995
EMAIL [email protected]
2. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
BENGALURU
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WP No. 22489 of 2022
PHONE NO.080-22211292
EMAIL ID-
[email protected]/[email protected]
3. THE TAHASILDAR
TALUK OFFICE
BENGALURU NORTH TALUK
BENGALURU
PHONE NO.080-22232050
EMAIL [email protected]
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS FROM THE 2ND AND 3RD RESPONDENTS
PERTAINING TO THE IMPUGNED ORDERb)ISSUE A WRIT OF
CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDERS
OR DIRECTIONS QUASHING/ANNULING THE IMPUGNED ORDER
DATED 21/03/2022 PASSED BY THE 2ND RESPONDENT-
DEPUTY COMMISSIONER IN RESPECT OF GOMALA LAND
BEARING SY.NO.108, HUSKUR VILLAGE, DASANAPURA HOBLI,
BENGALURU NORTH TALUK.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
Though the present petition is filed as PIL and the grievance is raised against the proposal for making a -4- WP No. 22489 of 2022 provision of additional land for public cemetery, the only objection raised in the petition is that there is already a cemetery in the village.
2. There is nothing on record to show that there is any prevention or prohibition for the Government to consider the proposal for providing additional land for the cemetery or burial ground. The order at Annexure-G indicates various reasons for need of provision of additional land for cemetery. Though learned counsel submits that the proposed land is hardly at a distance of 300 meters away from the existing cemetery and a school is hardly 50-60 meters away from the proposed place of cemetery, the learned counsel was also fair enough to submit that this ground is raised orally, on instructions, and no such ground is raised in the representation submitted to the authority which is placed on record at Annexure-L.
3. Considering all these grounds, we are unable to find any fault or error or we are unable to convince -5- WP No. 22489 of 2022 ourselves to say that a public cause is raised in the present PIL. As such, the PIL being devoid of any merit, deserves to be dismissed and is accordingly dismissed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE RD