- 1 - NC: 2025:KHC:8642 WP No. 16524 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 16524 OF 2024 (LB-BMP) BETWEEN: 1. SRI. PRAMOD BHARATH PATIL, S/O LATE BHARATH TAMMA PATIL, AGED ABOUT 45 YEARS, R/AT NO. 126/127, D.K.LAYOUT, 4TH CROSS, NAGARESHWARA NAGENAHALLI, BANGALORE 560 077. …PETITIONER (BY SRI. JAGADEESH D C., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BBMP, HEAD OFFICE, NEAR HUDSON CIRCLE, BANGALORE - 560 002. 2. THE EXECUTIVE ENGINEER, DASARAHALLI DIVISION, BBMP, BANGALORE - 560 058. 3. THE EXECUTIVE ENGINEER, K.R. PURAM SUB-DIVISION, BBMP, BANGALORE-560036. 4. SRI. R. ARUNKUMAR, S/O LATE A.RAJAPPA, AGED ABOUT 50 YEARS, R/AT NO.1427, HENNUR MAIN ROAD, ST. THOMAS TOWN POST, BANGALORE -560 084. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8642 WP No. 16524 of 2024 5. THE MEDICAL OFFICER OF HEALTH, HORAMAVU SUB DIVISION, HORAMAVU WARD No.25, BBMP, BANGALORE. 6. SMT. AMMAIYAMMA, D/O LATE NARAYANAPPA., AGED 69 YEARS, R/AT No.14, 2ND MAIN ROAD, MARENAHALLI, VIJAYNAGAR, BENGALURU-560 040. 7. SRI. MANJUNATH, S/O LATE CHIKKANNA., AGED ABOUT 36 YEARS, R/AT No.151, 4TH CROSS, NAGARESHWARA NAGENAHALLI, DR.SHIVARAMA KARANTH NAGAR POST, BENGALURU-560 077. 8. SRI. RAJANNA.N, S/O LATE NARAYANAPPA, AGED ABOUT 66 YEARS, R/AT No.1, 2ND CROSS, D.KRISHNAPPA LAYOUT, NAGARESHWARA NAGENAHALLI, DR.SHIVARAMA KARANTH NAGAR POST, BENGALURU-560 077. 9. SRI. KANTHAPPA., S/O LATE NARAYANAPPA., AGED ABOUT 69 YEARS, R/AT No.17/7A, 2ND MAIN ROAD, MARENAHALLI, VIJAYNAGAR, BENGALURU-560 040. 10. SRI. GANGADHAR MURTHY.N., S/O LATE NARAYANAPPA., AGED ABOUT 59 YEARS, R/AT No.369, 1ST MAIN ROAD, SARASWATHINAGAR, - 3 - NC: 2025:KHC:8642 WP No. 16524 of 2024 VIJAYANAGAR., BENGALURU-560 040. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY K S., ADVOCATE FOR R-1 TO R-3 & R-5; SRI. N.S.VISHWANATHA., ADVOCATE FOR R-4; SRI. G.KRISHNA MURTHY., SENIOR COUNSEL FOR SRI. MUNIRAJU.K., FOR R-6 TO R-10 I.A.No.1/2025 FOR IMPLEADING IS ALLWOED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO TAKE IMMEDIATE ACTION TO PREVENT ILLEGAL BURIAL OR BURNING OF DEAD BODIES BY THE PEOPLE ON THE VACANT RESIDENTIAL SITE BELONGING TO THE FOURTH RESPONDENT WHICH IS SITUATED JUST BEHIND AND ADJACENT TO HOUSE OF THE PETITIONER BY CONSIDERING THE REPRESENTATIONS SUBMITTED BY THE PETITIONER DATED 22.12.2022 VIDE ANNEXURES-C, C1 DATED 08.01.2024 AND C2 DATED 17.02.2024 IN ACCORDANCE WITH LAW, 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 for issuance of direction to the respondents to take immediate action to prevent illegal burial or burning of dead - 4 - NC: 2025:KHC:8642 WP No. 16524 of 2024 bodies by the people on the vacant residential site belonging to respondent No.4 which is situated just behind and adjacent to the house of the petitioner, copy of the representations is dated 22.12.2022, 08.01.2024 and 17.02.2024. 2. After the matter was argued for some time, it was noticed that there were indeed 12 graves existing on the land and some of them were in existence from a long period of time. In order to ensure that both the parties live amicably, it was suggested that respondent No.4 or their successors in title shall encompass entire portion of the area, where the graves were situated by raising a compound wall, so that the existence of the graves cannot be visible to the petitioner. Respondent No.8 accepted this suggestion and has now filed an affidavit in which it is stated as follows – “8. We, respectfully submit, that to maintain neighborly relationship and - 5 - NC: 2025:KHC:8642 WP No. 16524 of 2024 tranquility, we hereby undertake that we will put up pre-cast 6ft. compound wall encompassing the grave yard and will put up gate to secure the same. We further undertake that this land will not be used as grave yard henceforth without taking permission from the competent Authority.” 3. Learned Senior Counsel appearing for respondents No.6 to 10 submits that respondent No.4 has no subsisting interest since he has sold the property to the proposed respondents herein. 4. In my view, the filing of the affidavit by the respondent No.8 on behalf of himself and the respondents No.6, 7, 9 and 10 would meet the ends of justice inasmuch as they have undertaken that they will henceforth not use the area as a graveyard and they would also construct a 6ft. compound wall encompassing the entire area, where the graves are situated. - 6 - NC: 2025:KHC:8642 WP No. 16524 of 2024 5. Recording the said Undertaking, this Writ Petition is disposed of. 6. 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.: 46