- 1 - NC: 2025:KHC:526 WP No. 27026 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.27026 OF 2024 (KLR-RES) BETWEEN: SRI.DHANANJAY H S/O HANUMANTHARAYAPPA AGED ABOUT 30 YEARS R/AT RAMPURA VILLAGE VADERAHALLI MAJRA DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT PIN CODE -561204 …PETITIONER (BY SRI. ROOPESHA B.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT DISTRICT ADMINISTRATIVE BHAVAN BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION TUBAGERE - DODDABALLAPURA ROAD DODDABALLAPURA-561203 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:526 WP No. 27026 of 2024 3. THE TAHSILDAR DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561203. …RESPONDENTS (BY SRI.K.MANJUNATHA, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DTD. 19.11.2022 AND 19.07.2023 VIDE ANNX-F AND G AND TO FIX THE BOUNDARIES AND TO PREPARE HADUBASTH IN RESPECT OF GRAVEYARD RESERVED FOR HARIJAN AND GIRIJAN IN SY.NO.31 MEASURING 3 ACRES SITUATED AT RAMPURA VILLAGE, DODDABELAVANGAL HOBLI, DODDABALLAPURA TALUK AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the present writ petition, the petitioner seeks a writ of mandamus directing the respondents to consider and act upon the petitioner’s representations dated November 19, 2022, and July 19, 2023, as detailed in - 3 - NC: 2025:KHC:526 WP No. 27026 of 2024 Annexures-F and G. The petitioner has requested the demarcation and boundary fixation (Haddubasth) of a graveyard reserved for the Harijan and Girijan communities. This graveyard, spanning 3 acres, is situated in Sy. No.31 of Rampura Village, Doddabelavangal Hobli, Doddaballapura Taluk. The petitioner asserts that the need for definitive demarcation of this land is essential to safeguard its intended use and prevent any encroachments or disputes regarding its boundaries. 2. Upon examination of the records, it becomes evident that there has been a significant lapse and delay on the part of respondent No.3 – the Tahasildar, who has failed to address or resolve the issues raised in the petitioner’s representations. Despite the petitioner belonging to a marginalized section of society, and despite the graveyard land being officially notified in the Gazette, the authorities have shown a lack of promptness in safeguarding this reserved land. The fact that this graveyard forms part of a larger landholding makes it even - 4 - NC: 2025:KHC:526 WP No. 27026 of 2024 more imperative for the authorities to promptly delineate and secure the boundaries. 3. The inaction of respondent No. 3 – the Tahasildar reflects a lack of due diligence and responsibility in carrying out his official duties. The petitioner has made reasonable and legitimate requests that are critical to ensuring the protection of public interest and the intended use of this reserved land for the Harijan and Girijan communities. The failure to demarcate the graveyard land constitutes administrative inertia, leaving the petitioner's grievance unaddressed for an unjustifiably prolonged period. 4. Given these circumstances, the petitioner has made out a strong case for the issuance of a writ of mandamus. It is necessary and just that respondent No. 3 is directed to immediately take steps to demarcate the graveyard land in question by fixing its boundaries as per the petitioner’s representations and in accordance with - 5 - NC: 2025:KHC:526 WP No. 27026 of 2024 legal procedures. This would ensure the preservation of the land for its rightful purpose and safeguard the interests of the communities for whom it has been reserved. 5. In light of the foregoing, this Court issues the following directives: (i) The writ petition is hereby allowed. (ii) Respondent No. 3 – the Tahsildar is directed to promptly consider and take appropriate action on the petitioner’s representations dated 19.11.2022 and 19.07.2023, as referenced in Annexures-F and G, for the purpose of boundary fixation (Haddubasth) of the graveyard land in Sy. No.31, Rampura Village, Doddabelavangal Hobli, Doddaballapura Taluk. - 6 - NC: 2025:KHC:526 WP No. 27026 of 2024 (iii) The entire process shall be completed within a period of three months from the date of receipt of a certified copy of this order. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 19