- 1 - HC-KAR NC: 2025:KHC:24670 WP No. 9751 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 9751 OF 2023 (KLR-RES) BETWEEN: SRI B K NANJEGOWDA SON OF LATE SRI. HANUME GOWDA @ KULLE GOWDA, AGED ABOUT 62 YEARS, RESIDING AT: BEDARAHALLI VILLAGE C.A. KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT, MANDYA-571 422. …PETITIONER (BY SRI. MANJUNATH G. KANDEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, MANDYA DISTRICT, MANDYA-571 422. 3. THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA-571 422. 4. THE TAHASILDAR MADDUR TALUK, MANDYA DISTRICT, MANDYA-571 422. Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24670 WP No. 9751 of 2023 5. THE LAND GRANT COMMITTEE OFFICE OF THE TAHASILDAR, MADDUR TALUK, MANDYA DISTRICT, MONDYA-571 422. 6. THE CHIEF EXECUTIVE OFFICER JILLA PANCHAYATI, MANDYA DISTRICT, MANDYA-571 422. 7. THE EXECUTIVE ENGINEER TALUKA PANCHAYATH, MADDUR TALUK, MADDUR-571 422. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R5; SRI. M.S. DEVARAJU, ADVOCATE FOR R6; SRI. B.J. SOMAYAJI, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 30/8/2022 PASSED BY THE 2ND RESPONDENT DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, MANDYA IN MDC-RH MOLND/62/2022 AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 30.08.2022 passed by the respondent No.2 (Annexure-A), interalia sought for direction to the respondent No.5 to consider the application made by the petitioner for regularisation of the schedule land. - 3 - HC-KAR NC: 2025:KHC:24670 WP No. 9751 of 2023 2. Heard Sri Manjunath.G.Kandekar, learned counsel for the petitioner; Sri Manjunath.K, learned High Court Government Pleader for the respondents No.1 to 5 - State and Sri M.S.Devaraju, learned counsel appearing for the respondent No.6. 3. It is contended by the learned counsel for the petitioner that the petitioner is in cultivation of the land bearing Sy.No.77, Bidarahalli Village, Maddur Taluk, Mandya District and he has made an application seeking regularisation of the said land to an extent of 16 guntas. Accordingly, it is submitted that the respondent authorities have not considered the application made by the petitioner seeking regularisation of land. That apart, it is contended by the learned counsel for the petitioner that the 2nd respondent has passed an Official Memorandum dated 30.08.2022 (Annexure-A), earmarking 7 guntas of land in Sy.No.77 of Bidarahalli Village, for the graveyard in the village and in that view of the matter the petitioner sought for quashing the impugned Official Memorandum produced - 4 - HC-KAR NC: 2025:KHC:24670 WP No. 9751 of 2023 at Annexure-A to the writ petition. It is also contended by the learned counsel for the petitioner that, the gomal land is situated in the very same village as per the recommendation produced at Annexure-H and in that view of the matter it is open for the Government to reserve the said land for the purpose of graveyard and accordingly he sought for interference of this Court. 4. Per contra, learned HCGP appearing for the respondent - State sought to justify the impugned Official Memorandum and submitted that the said land which is being reserved for graveyard where the villagers of the said village have no objection and further submitted that the dispute is with regard to the subject land and the authorities have arrived at a conclusion that the land is suitable for utilizing the same for graveyard and accordingly sought for dismissal of the writ petition. 5. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the petitioner has made an application - 5 - HC-KAR NC: 2025:KHC:24670 WP No. 9751 of 2023 seeking regularization of the land in question and the said application is yet to be considered by the respondent- authorities. In this regard, it is open for the respondent- authorities to consider the same in accordance with law and take a decision in the matter. However, insofar as the subject land to an extent of 7 guntas in Sy.No.77 of Bidarahalli Village, which has been identified by the respondent No.2 for the purpose of utilizing the same for graveyard is concerned, I have carefully considered the report made available by the revenue authorities to the respondent No.2, which has been considered by the respondent No.2 and accordingly arrived at a conclusion that the said land is suitable for the graveyard. 6. In that view of the matter, if the respondent- authorities have arrived at a conclusion to that effect, I am of the view that no interference be called for in this writ petition with regard to quashing the Official Memorandum dated 30.08.2022 (Annexure-A). However, insofar as the contention raised by the petitioner with regard to the - 6 - HC-KAR NC: 2025:KHC:24670 WP No. 9751 of 2023 application made by him for regularization of the land in question is concerned, it is open for the respondent- authorities to take a decision in the matter in accordance with law. 7. In the result, the writ petition is allowed in part. Sd/- (E.S.INDIRESH) JUDGE KLY List No.: 1 Sl No.: 67