Karnataka High Court
Mohsin Hussain Jucka vs The Chief Secretary on 25 February, 2020
Bench: Chief Justice, Hemant Chandangoudar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2020
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.47632 OF 2018 (GM-RES-PIL)
BETWEEN:
MOHSIN HUSSAIN JUCKA
S/O.HUSSAIN JUCKA
AGED ABOUT 68 YEARS
MEMBER, TALUKA PANCHAYAT
BHATKAL TALUK
R/AT NATIONAL COLONY
MAVALLI-1, MURUDESHWAR
BHATKAL TALUK
KARWAR DISTRICT-581 350 ... PETITIONER
(BY SMT.FARAH FATHIMA, ADVOCATE [ABSENT])
AND:
1. THE CHIEF SECRETARY
GOVT. OF KARNATAKA
VIDHANA SOUDHA
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER
UTTARA KANNADA DISTRICT
KARWAR-581 301
3. THE SUPERINTENDENT OF POLICE
UTTARA KANNADA DISTRICT
KARWAR-581 301
4. THE CHIEF EXEUCTIVE OFFICER
ZILLA PANCHAYAT
UTTARA KANNADA DISTRICT
KARWAR-581 301
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5. THE DISTRICT HEALTH OFFICER
UTTARA KANNADA DISTRICT
KARWAR-581 301
6. THE DEPUTY CONSERVATOR OF FOREST
UTTARA KANNADA DISTRICT
KARWAR-581 301 ... RESPONDENTS
(BY SRI A.C.BALARAJ, AGA FOR R1 TO R3, R5 AND R6;
SRI ASHOK N. NAYAK, ADVOCATE FOR R4)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENT TO PROVIDE
ELECTRIC CREMATORIUM FACILITY IN THE GRAVE YEAR
(RUDRA BHOOMI) AT MURUDESHWARA TOWN AND
SURROUNDING VILLAGES I.E. (1) BHATKAL TOWN (2)
TARANMAKKI (3) BYLORE (4) SHIRALLI (5) KATANGADI (6)
KAIKINI (7) MATTAPARSU AND HERETUMBI (9) MUGERKERI OF
BHATKAL TALUK AND ALL OTHER PARTS OF THE STATE AND
ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
None for the petitioner.
2. Prayers (b) and (c) of the petition which are the only substantive prayers read thus:
"b) Issue writ of Mandamus directing the Respondents to provide Electric Crematorium facility in the Grave year (Rudra Bhoomi), at Murudeshwar town and surrounding villages i.e. (1) Bhatkal town (2) Taranmakki, (3) Bylore, (4) Shiralli, (5) Katangadi, (6) Kaikini (7) Mattaparsu and (8) Heretumbi (9) Mugerkeri of Bhatkal Taluk and all other parts of the State.-3-
c) Further, direct the Respondents to hand over 20 guntas of the land in Sy.No.650 of Murudeshwar town reserved for Hindu Grave year to the said Hindu community as per Govt.
order dtd.28/04/1986 issued by the Deputy Commissioner, Uttara Kannada Dist., at Annexure 'D' with all basic facilities as provided under law or otherwise to grant more extent of land as Grave Yard at the remote place away from the residential area with all such facilities."
3. Today, an affidavit of Veerappa, S/o.Parameshwarappa Kotralli, Tahsildar, Bhatkal is tendered across the bar. It is stated that the villages at Sl.Nos.5, 7, 8 and 9 mentioned in prayer clause (b) are not coming within the Taluk of Bhatkal and no such villages exist in the Taluk.
4. If the said villages are forming a part in any other Taluk, we grant liberty to the petitioner to make a representation to the Deputy Commissioner of the concerned Districts as regards providing facilities in the said villages.
5. As regards Murudeshwar, Bhatkal town and villages at Sl.Nos.2 to 4 and 6, the statements have been made on oath by Tahsildar regarding facilities provided. There are particulars set out as regards three burial grounds therein as well the facilities such as an electric crematorium proposed to be -4- provided. As regards prayer clause(c), there is a statement on oath made in paragraph-3 that the land measuring 1 acre 20 guntas in survey No.650 has been reserved in favour of the people belonging to Hindu community and for providing facilities such as electric crematorium and in fact, an estimate of Rs.30,00,000/- has been prepared and forwarded for approval of the concerned authorities.
6. As regards three places mentioned in paragraph-3, expeditious action of setting up the facilities as promised in paragraph-3 shall be taken within a period of maximum one year from today.
7. As regards the villages at Sl.Nos.2, 3, 4 and 6, the statements have been made in paragraphs-5, 6, 7 and 8 that the lands described therein have been reserved for graveyard of the people belonging to Hindu community. Mere reservation will not serve any purpose. Necessary facilities shall be established on the earmarked lands within a period of one year from today, so that, use thereof can commence. It is stated in paragraph-10 that as regards three villages in Bhatkal Taluk, the Deputy Commissioner has proposed to sanction various amounts for providing electric crematorium and other -5- developmental activities. Even the said work shall be carried out and completed within a period of one year from today.
8. By accepting the statements and assurances given in the affidavit of Sri Veerappa tendered today on behalf of the State Government and with the above directions, the petition is disposed of.
As regards, the villages which are not part of Bhatkal Taluk, as mentioned earlier, we grant liberty to the petitioner to make appropriate representations.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE LB