Karnataka High Court
Sri. Y Krishnamurthy vs The State Of Karnataka on 10 March, 2025
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NC: 2025:KHC:9956-DB
WP No. 29486 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 29486 OF 2023 (GM-RES-PIL)
BETWEEN:
1. SRI Y. KRISHNAMURTHY
S/O LATE SRI GOPALACHAR,
AGED ABOUT 67 YEARS,
OCCUPATION: RETIRED GOVERNMENT SERVANT
AND AGRICULTURIST
R/O. KUDUMALLIGE POST
BALAGURU, BILUVE GRAMA
THIRTHAHALLI TALUK
Digitally SHIVAMOGGA - 577 232.
signed by H
K HEMA ...PETITIONER
Location: (BY SRI VEERAYYA HIREMATH, ADVOCATE)
High Court
of Karnataka
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF REVENUE
M.S. BUILDING
BENGALURU - 560 001.
2. THE DISTRICT COMMISSIONER
O/O. THE DISTRICT COMMISSIONER
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WP No. 29486 of 2023
SIR M.V. ROAD, SOWLANGA ROAD
SHIVAMOGGA - 577 201.
3. THE ASSISTANT COMMISSIONER
O/O. THE ASSISTANT COMMISSIONER
SHIVAMOGGA SUB DIVISION
D.C. OFFICE COMPOUND
SHIVAMOGGA - 577 234.
4. THE TAHASILDHAR
THIRTHAHALLI TALUK
SHIVAMOGGA - 572 234.
5. THE CHIEF EXECUTIVE OFFICER
O/O. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT
SHIVAMOGGA - 577 201.
6. THE EXECUTIVE OFFICER
O/O. THE EXECUTIVE OFFICER
TALUKA PANCHAYAT
SHIVAMOGGA - 577 234.
7. THE PANCHAYAT DEVELOPMENT OFFICER
KUDUMALLIGE GRAMA PANCHAYAT
KUDUMALLIGE POST
THIRTHAHALLI TALUK
SHIVAMOGGA - 577 232.
8. THE SECRETARY
KUDUMALLIGE GRAMA PANCHAYAT
KUDUMALLIGE POST
THIRTHAHALLI TALUK
SHIVAMOGGA - 577 232.
9. THE REVENUE OFFICER
KASABA HOBLI
THIRTHAHALLI TALUK
SHIVAMOGGA - 577 232.
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WP No. 29486 of 2023
10. THE PRESIDENT
KUDUMALLIGE GRAMA PANCHAYAT
KUDUMALLIGE POST
THIRTHAHALLI TALUK
SHIVAMOGGA - 577 232.
11. THE VILLAGE ACCOUNTANT
KUDUMALLIGE CIRCLE
KUDUMALLIGE POST
THIRTHAHALLI TALUK
SHIVAMOGGA - 577 232.
12. THE SURVEYOR
OFFICE AT SURVEY DEPT.
THIRTHAHALLI TALUK
SHIVAMOGGA - 577 232.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R.1 TO R.4, R.9 & R.12;
SRI B.J. SOMAYAJI, ADVOCATE FOR R.5 TO R.8 AND R.10;
SRI SHASHANK BHAT, ADVOCATE FOR
SRI K. SATISH, ADVOCATE FOR APPLICANT IN I.A.1/24.;
R.11: SERVED AND UNREPRESENTED.)
THIS WRIT PETITION IS FILED UNDER RULE 14(2) OF
THE HIGH COURT OF KARNATAKA (PRACTICE AND
PROCEDURE FOR PUBLIC INTEREST LITIGATION) RULES
2018, PRAYING TO DIRECT THE RESPONDENTS TO
CONSIDER THE CLAIM OF THE PETITIONER AS PER THE
REPRESENTATION DATED 02.11.2023 AS PER ANNEXURE-Z
BY ISSUE OF WRIT IN THE NATURE OF MANDAMUS OR ANY
OTHER WRIT OR DIRECTION AS THE CASE MAY BE, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WP No. 29486 of 2023
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. Veerayya Hiremath for the
petitioner and learned Additional Government Advocate
Smt. Niloufer Akbar for respondent Nos.1 to 4, 9 and 12 who
appears upon service of a copy of the petition in advance.
2. The petitioner happens to be a retired government servant
and makes a prayer for filing this public interest petition which is a
repeat petition to direct the respondents to consider the claim of the
petitioner as per his representation dated 02.11.2023. The said
representation figures on record (Page No.184 of the compilation)
in which it is requested to the authorities by the petitioner that
2 acres of gramthana land situated at Biluve village, Kasaba Hobli,
Thirtahalli Taluk, Shivamogga is required to be earmarked for burial
ground in the interest of public as well as the villagers since there is
no burial ground from 1998-99.
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3. Earlier, writ petition No.15200 of 2021 was filed by the
petitioner in which the court permitted the petitioner to make a
representation. The prayer in the said petition was the same. It
was pursuant to the order dated 14.09.2022 that the aforesaid
representation dated 02.11.2023 was made. Since the said
representation has remained still undecided, the present petition is
filed. As noted above, the prayer in the petition is to direct the
respondents to decide the petitioner's representation dated
02.11.2023.
4. In the course of the hearing, learned advocate Mr. Shashank
Bhat for learned advocate Mr. K.Satish for the impleading applicant
appears to submit that I.A.No.1 of 2024 is filed by the applicant-
Shree Balagaru Mutt and wants to implead in the proceedings.
5. In the totality of the facts and circumstances of the case and
pursuant to the direction of the court in the earlier petition has
remained unattended, the Competent Authority shall decide the
representation of the petitioner in accordance with law and in the
process of deciding the representation, the petitioner may be heard
and hearing shall also be given to the applicant in I.A.No.1 of 2024
who claims to be the owner of the land.
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5.1 After hearing both the sides and taking into account the
relevant documents, the decision shall be rendered on the
representation of the petitioner within eight weeks from today.
6. This Court has not expressed any opinion on the merits of
the case and it is entirely for the Competent Authority to consider
the pros and cons of the request of the petitioner and decide the
prayer made in the representation.
7. The petition is disposed of accordingly.
In view of disposal of the petition, I.A.No.1 of 2024 also
stands disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
hkh.
