Karnataka High Court
Sudhakar Poojary vs Dy. Commissioner on 5 June, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5th DAY OF JUNE, 2017
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO.57044 OF 2016 (GM-RES-PIL)
BETWEEN:
1. SUDHAKAR POOJARY
S/O KARIYA POOJARY
AGE: 42 YEARS
4-92(2), KATTINGERI VILLAGE
MOODUBELLE - 576 120
UDUPI TALUK
AND DISTRICT
2. ASHWIN LAWRENCE CARNELIO
S/O CHRISTINE FERNANDES
AGE: 24 YEARS
NISHANT, CHURCH ROAD
MOODUBELLE - 576 120
UDUPI TALUK
AND DISTRICT ... PETITIONERS
(BY MR.M.VINAY KEERTHY, ADVOCATE)
AND :
1. DY. COMMISSIONER
UDUPI DISTRICT,
UDUPI - 576 101
2
2. ASST. COMMISSIONER
UDUPI TALUK
UDUPI DISTRICT - 576 101
3. TAHASILDAR
UDUPI TALUK
UDUPI DISTRICT - 576 101
4. THE VILLAGE PANCHAYAT
BELLE, MOODUBELLE POST - 576 120
UDUPI TALUK, UDUPI DISTRICT
REPRESENTED BY ITS PRESIDENT ... RESPONDENTS
(MR.V.SREENIDHI, ADDITIONAL GOVERNMENT ADVOCATE FOR R1
TO R3
MR.S.N.BHAT AND MR.PARIKSHIT S.S., ADVOCATES FOR
SRI.S.K.ACHARYA, ADVOCATE FOR R4)
---
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to direct the respondents to
immediately set up a cemetery in the 20 cents of land in
Sy.No.171/1C of Kattingeri Village, Kapu Hobli, Udupi Taluk and
District for the exclusive use of Hindus, and etc.
This petition coming on for Preliminary Hearing this day,
THE CHIEF JUSTICE made the following:
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ORDER
The Assistant Commissioner of Kundapura Taluk, by order dated December 10, 2000, reserved 0.20 acres of land in survey No.171/1C of Kattingeri Village, Udupi Taluk, for public purpose of constructing a cemetery.
2. There was a direction on the authorities to construct the cemetery by two years. Unfortunately, the cemetery could not be constructed because of various objections from the public.
3. A writ petition was, also, filed being W.P.No.1426 of 2008, by a group of persons, which was dismissed.
4. Mr.V.Sreenidhi, learned additional government advocate appearing for the State, submits that the Government has permitted construction of the cemetery. The Village Panchayat must construct the cemetery. 4
5. We, therefore, direct the authorities to set up a cemetery in the said survey within a period of six months from the date of communication of this order.
6. The writ petition stands disposed of.
7. There will be no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE RV