Karnataka High Court
Rev Venus Colaco vs State Of Karnataka on 27 January, 2014
Bench: Chief Justice, B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 27th DAY OF JANUARY 2014
PRESENT
THE HON' BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON' BLE MRS.JUSTICE B.V.NAGARATHNA
WP NO.46420/2013(KLR-RR/SUR-PIL)
BETWEEN
Rev. VENUS COLACO
S/O VALERINE COLACO,
AGE 37 YEARS,
ST JOSEPH'S CHURCH,
SAGAR, SHIMOGA DISTRICT-577 401
... PETITIONER
(By Sri.MAHESH R UPPIN, ADV.)
AND
1. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BANGALORE-560 001
2. THE THASILDAR
SAGAR, SHIMOGA-577 401
... RESPONDENTS
(By Smt.NILOUFER AKBAR, AGA FOR R.1 &2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUION OF INDIA PRAYING TO
DIRECT THE THASILDAR TO CONDUCT SURVEY, PHODY AND
DURASTHI IN RESPECT OF THE LAND BEARING SURVEY
NO.14/A1 MEASURING 10 ACRES OF YALAVARSI VILLAGE
AND OUT OF THE SAID LAND TO HAND OVER 2 ACRES IN
FAVOUR OF THE PETITIONER'S COMMUNITY FOR USER OF
THE SAME FOR THE BURIAL GROUND
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THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, NAGARATHNA .J, MADE THE
FOLLOWING:
ORDER
1. The petitioner has sought for a direction to respondent No.2 - Tahsildar, Sagar, Shimoga District, to conduct phodi and durasth work in respect of the land bearing Sy.No.14/A1, measuring 10 acres of Yalavarsi Village, Sagar Taluk, Shimoga District.
2. The reason as to why such a prayer is sought is because of the order passed by the Deputy Commissioner, Shimoga District, dated 27.08.2010, by which the aforesaid land has been de-reserved and set apart for a public cemetery. The grievance of the petitioner is, since the order has been passed in the year 2010, no further steps have been taken for conducting phodi and durasth work in respect of the land, so as to earmark the same for cemetery purpose.
3. We have hard learned counsel for the petitioner and learned Additional Government Advocate who appears for the respondents and perused the material on record.
4. Learned Additional Government Advocate stated that respondent No.2- Tahsildar would take necessary steps for -3- conducting phodi and durasth work and earmark the aforesaid land for being used as a public cemetery. In that regard, she sought that sometime may be granted to respondent No.2.
5. The statement of learned Additional Government Advocate is placed on record. In the circumstances, the only direction that could be issued is, respondent No.2 to conduct phodi and durasth work in respect of the land in question in an expeditious manner within a period of eight weeks from today.
6. With the aforesaid direction, the Writ Petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE mv