Kartic Mahadeshe vs The Deputy Commissioner
2026 Latest Caselaw 2070 Kant

Karnataka High Court

Kartic Mahadeshe vs The Deputy Commissioner on 9 March, 2026

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                -1-
                                                          NC: 2026:KHC-K:2241
                                                       WP No. 200645 of 2026


                      HC-KAR




                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                               DATED THIS THE 9TH DAY OF MARCH, 2026

                                              BEFORE
                           THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
                             WRIT PETITION NO. 200645 OF 2026 (LB-RES)


                      BETWEEN:

                      KARTIC MAHADESHE
                      S/O ANNARAO,
                      AGE: 29 YEARS,
                      R/O HOUSE NUMBER 246,
                      OPPOSITE DEPOT NO.3, VIDYA NAGAR,
                      KALABURAGI KARNATAKA.

                                                                ...PETITIONER
                      (BY SRI. ALLARAKHA S. HARSOOR AND
                       SRI KARTIC, ADVOCATES)

                      AND:
Digitally signed by
NIJAMUDDIN
JAMKHANDI
                      1.   THE DEPUTY COMMISSIONER,
Location: HIGH
COURT OF
                           KALABURAGI DISTRICT, KALABURAGI KARNATAKA
KARNATAKA
                           VIKAS BHAVAN MINI VIDHAN SOUDHA,
                           TIMMAPURI CIRCLE, KALABURAGI,
                           KARNATAKA-585102.

                      2.   THE COMMISSIONER,
                           KALABURAGI MUNICIPAL CORPORATION,
                           KALABURAGI JAGAT CIRCLE MAIN ROAD
                           KALABURAGI-585102.

                      3.   KARNATAKA STATE POLLUTION CONTRTOL
                           BOARD (KSPCB),
                           KALABURAGI,
                           -2-
                                       NC: 2026:KHC-K:2241
                                    WP No. 200645 of 2026


HC-KAR




     THROUGH ITS REGIONAL OFFICE.

4.   THE KALABURAGI URBAN DEVELOP AUTHORITY,
     KALABURAGI, MINI VIDHAN SOUDHA, MAIN ROAD,
     IN KALABURAGI, KARNATAKA-585102.

                                          ...RESPONDENTS

(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 AND R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT
OF MANDAMUS DIRECTING RESPONDENT NO. 2 AND 3 TO
SHIFT THE CREMATORIUM FROM SANTOSH COLONY, CHITTARI
ADDA AREA TO A SUITABLE LOCATION ON THE OUTSKIRTS OF
KALABURAGI CITY 2. DIRECT RESPONDENTS TO CONSTRUCT A
MODERN ELECTRIC CREMATORIUM WITH PROPER POLLUTION
CONTROL MEASURES, CHIMNEY, AND SCIENTIFIC WASTE
MANAGEMENT SYSTEM AT THE NEW LOCATION. 3. DIRECT
RESPONDENT NO. 3 (KSPCB) TO CONDUCT AN IMMEDIATE
ENVIRONMENTAL IMPACT INSPECTION OF THE EXISTING
CREMATORIUM AND SUBMIT A REPORT TO THIS HON'BLE
COURT. 4. DIRECT RESPONDENT NO.4 (KALABURAGI URBAN
DEVELOPMENT AUTHORITY) TO CONDUCT A CITY-WIDE
SCRUTINY OF ALL CREMATORIUMS LOCATED WITHIN
RESIDENTIAL AREAS (ESPECIALLY WITHIN 5 TO 50 METERS OF
HOSPITALS, SCHOOLS, AND RESIDENCES) IN KALABURAGI
AND TAKE NECESSARY ACTION. 5. PASS ANY OTHER
APPROPRIATE ORDER(S) DEEMED FIT IN THE INTEREST OF
JUSTICE AND PUBLIC WELFARE.


    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
                               -3-
                                           NC: 2026:KHC-K:2241
                                       WP No. 200645 of 2026


HC-KAR




                         ORAL ORDER

1. Learned counsel for the petitioner has filed a memo

seeking permission of this Court to withdraw the petition.

2. Memo is taken on record. Petition is dismissed as

withdrawn.

Sd/-

(S.VISHWAJITH SHETTY) JUDGE

DN List No.: 1 Sl No.: 28