- 1 - 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 SHIVAMOGGA - 577 232. …PETITIONER (BY SRI VEERAYYA HIREMATH, ADVOCATE) 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 Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9956-DB 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. - 3 - NC: 2025:KHC:9956-DB 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: - 4 - NC: 2025:KHC:9956-DB 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. - 5 - NC: 2025:KHC:9956-DB WP No. 29486 of 2023 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. - 6 - NC: 2025:KHC:9956-DB WP No. 29486 of 2023 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. List No.: 1 Sl No.: 26