- 1 - NC: 2025:KHC:1398 WP No. 1234 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1234 OF 2020 (LB-RES) BETWEEN: 1. K M MAHADEVA S/O. LATE. MACHEGOWDA, KAGGLIPURA VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK, MYSORE DISTRICT 571124 …PETITIONER (BY SRI. KUMARA K G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYATH RAJ DEVELOPMENT, VIKAS SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU 560001. 2. THE DISTRICT COMMISSIONER MYSORE DISTRICT, MYSORE 570001. 3. THE ASSISTANT COMMISSONER MYSORE 570001. 4. THE THASHILDAR T. NARASIPURA TALUK, T. NARASIPURA 571124. 5. THE CHIE EXECUTIVE OFFICER ZILLA PANCHAYATH, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1398 WP No. 1234 of 2020 MYSORE DISTRICT 570001. 6. THE CHIEF EXECUTIVE OFFICER TALUK PANCHAYATH, T. NARASPURA TALUK 571124. 7. THE SECRETARY, SOMANATHAPURA GRAM PANCHAYATH SOMANATHAPURA VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK 571124. 8. THE PANCHAYATH DEVELOPMENT OFFICER, SOMANATHAPURA GRAM PANCHAYATH, SOSALE HOBLI, T.NARASIPURA TALUK-571 124. …RESPONDENTS (BY SRI. BOPAMMA BELLIAPPA., AGA FOR R-1 TO R-4; SRI. B.J.SOMAYAJI., ADVOCATE FOR R-5 TO 8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE ORDER DATED 26.03.2018 ISSUED BY THE R-6 VIDE ANNEXURE-E TO THE WRIT PETITION, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this Writ Petition is to quash Annexures E and F. 2. Under Annexures-E and F, the Authorities have indicated that the land in question was a gramathana - 3 - NC: 2025:KHC:1398 WP No. 1234 of 2020 land and was required for the purpose of establishing a burial ground. 3. In fact, under Annexure-F, the petitioner has been called upon to hand over possession and his request for registering the katha in his name has also been refused. 4. It is not in dispute that the petitioner had preferred a suit in O.S. No.88/2018 against the Grama Panchayath seeking for a decree of injunction in respect of the property that he claimed to have purchased. 5. It is also clear from the pleadings in the said suit that the notice which is impunged in this Writ Petition is alleged to be illegal, unjust against the rule of law. 6. Learned counsel for the petitioner candidly admits that after the issuance of the impugned notice, the petitioner has, in fact, been dispossessed and the land is being used as a burial ground. - 4 - NC: 2025:KHC:1398 WP No. 1234 of 2020 7. In that view of the matter, the prayer sought for in this Writ Petition would not survive for consideration. 8. However, liberty is reserved to the petitioner to seek for recovery of possession by either filing a separate suit or by amending the prayer in the pending suit and also seek for declaration regarding the petitioner’s entitlement over the said land. 9. Subject to the above liberty, this Writ Petition is dismissed. 10. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 16