- 1 - HC-KAR NC: 2025:KHC-D:10331-DB WA No. 100248 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100248 OF 2023 (KLR-RES) BETWEEN: SHRI RAJENDRA S/O. KEDARI PATIL, AGE: 50 YEARS, OCC: AGRICULTURIST, R/O.H.NO.85, MARUTI GALLI, AT POST: YAMNAPUR, TQ & DIST. BELAGAVI-590010. …APPELLANT (BY SRI. C. S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, AMBEDKAR VEEDHI, VIDHANA SOUDHA-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER BELAGAVI, D.C.COMPOUND, BELAGAVI-590001. 3. THE TAHSILDAR BELAGAVI, BELAGAVI-590001. …RESPONDENTS (BY SRI. V. S. KALASURMATH, AGA FOR R1 TO R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT DTD. 01.03.2023 IN WRIT PETITION NO.100574/2018 (KLR-RES) AS IT IS ILLEGAL, CONSEQUENTLY GRANT THE RELIEF AS PRAYED BY THE PETITIONER IN THE ABOVE WRIT PETITION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10331-DB WA No. 100248 of 2023 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present appeal has been filed by the petitioner in the writ proceedings challenging the order passed in Writ Petition No.100574/2018. 2. The parties are referred by their rank in the writ proceedings, for the purpose of convenience. 3. The petitioner has filed a writ petition seeking for setting aside the order dated 14.12.2017 passed by the Deputy Commissioner, Belagavi, whereby, the land in Sy.No.6 measuring 36 guntas was reserved for the purpose of public burial ground. The challenge to the said order was rejected by the learned Single Judge after considering the contentions of the petitioner and had recorded a finding that the petitioner had no right over the property and observed that the copy of the grant order was not produced though there were certain entries in the RTC’s. Learned Single Judge had further recorded - 3 - HC-KAR NC: 2025:KHC-D:10331-DB WA No. 100248 of 2023 a finding that, as the ancestors of the petitioner had not paid the upset price, they did not acquire any title over the property. 4. Perused the order at Annexure-C dated 14.12.2017. While reserving the land for public burial ground, the Deputy Commissioner had specifically recorded finding that the public were using the land as a burial ground and the grant that was made at an earlier point of time was subject to payment of upset price which was not paid even after the extended period of time of 20.01.1999. 5. Learned counsel appearing for the petitioner would submit that they have sought for extension of time to pay upset price and their rights insofar as the re-grant remain alive. It is further submitted that the Government has extended the time to pay the upset price. 6. It is to be noticed that the Deputy Commissioner in the order at Annexure-C has specifically recorded a finding that the upset price was not paid in the time stipulated and further proceeded to grant for burial ground. In light of the same, we do not find any ground to interfere with the order while keeping it open for the petitioner to carve out his rights as permissible - 4 - HC-KAR NC: 2025:KHC-D:10331-DB WA No. 100248 of 2023 in law insofar as his assertion regarding the grant is made. Accordingly, the appeal is disposed off. 6. Pending applications, if any, do not survive for consideration. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RH /CT-AN List No.: 1 Sl No.: 13