- 1 - HC-KAR NC: 2025:KHC:53729 WP No. 36921 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36921 OF 2025 (BDA) BETWEEN: 1. RAJEEV CHAVAN S/O MAHADEVARAO CHAVAN AGED ABOUT 49 YEARS, R/A NO. 198, CENTURYA ARTIZAN, NITTE MEENAKSHI ROAD, YELAHANKA, BANGALORE- 560 064. 2. SMT. C.D. PUSHPALATHA D/O H. DHORE RAJ, AGED ABOUT 48 YEARS, A.K. COLONY, H.N. PURA ROAD, CHENNAPATTANA, HASSAN DISTRICT - 573 201. 3. SMT. NAGA MAITHILI JOD KUMAR W/O SRINIVASA GUNDA, AGED ABOUT 52 YEARS, NO. 120C, POCKET 5, DDA MIG FLATS, NEW KONDLI, MAYUR VIHAR PHASE 3, NEW DELHI - 110 096. 4. SURESH SAJJAN SHETTI Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53729 WP No. 36921 of 2025 S/O SIDDALINGAPPA SAJJAN SHETTI, AGED ABOUT 55 YEARS CARD. NO. 21, DUNNO ROAD, BATON, LONDON, UNITED NITED KINGDOM WCIE 9TB. 5. A.V SRINATH S/O SRIPADA RAO, AGED ABOUT 61 YEARS R/A NO. 406/A, MANDHARA F CROSS, IDEAL HOMES TOWNSHIP, NEAR NHVPS SCHOOL, RAJARAJESHWARI NAGAR, BANGALORE - 560 098. …PETITIONERS (BY SRI. VINOD KUMAR M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS REVENUE SECRETARY, VIDHANA SOUDHA, BANGALORE 560 001. 2. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KHANDAYA BHAVANA, KEMPEGOWDA ROAD, BANGALORE 560 001. 3. THE TAHSILDAR, BENGALORE SOUTH TALUK, BANGALORE 560 001. 4. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, KUMARA PARK WEST, - 3 - HC-KAR NC: 2025:KHC:53729 WP No. 36921 of 2025 BANGALORE 560 020. 5. THE BDA TASK FORCE, BANGALORE DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE 560 020. …RESPONDENTS (BY SRI. HARISHA A S.,ADVOCATE FOR R1 TO R3; SRI. K KRISHNA., ADVOCATE FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS 2 AND 3 TO FORTHWITH CLEAR AND REMOVE ALL TOMBS, GRAVES AND ALL ILLEGAL BURIAL/CREMATION STRUCTURES FROM THE BDA ACQUIRED LAND IN SURVEY NO. 56, 59/5, 59/6, 59/7, 59/8, 59/9, 60 AND 61,OF THALAGHATPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, IN CONFORMITY WITH THE JUDGMENT IN W.P. NO.10692/2022 IN ANNX-Q AND THE VESTING ORDERS OF BDA AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 4 - HC-KAR NC: 2025:KHC:53729 WP No. 36921 of 2025 ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent Nos.1 to 3. 2. Sri. K.Krishna, learned counsel is directed to take notice for respondent Nos.4 and 5. 3. The petitioners have approached this Court seeking a writ of mandamus directing respondent Nos.2 and 3 to forthwith clear and remove all the tombs, graves and all illegal burial/cremation structures from the land acquired by the Bengaluru Development Authority (for short 'the BDA') in Survey Nos.56, 59/5, 59/6, 59/7, 59/8, 59/9, 60 and 61 of Thalaghatpura Village, Uttarahalli Hobli, Bengaluru South Taluk, in terms of the decision of this Court in the case of SRI. DR. G.GURUSHANKAR Vs. THE STATE OF KARNATAKA AND OTHERS1 (SRI. DR. G.GURUSHANKAR) (Annexure-Q) and further direction 1 WP.No.10692/2022 (GM-RES) - 5 - HC-KAR NC: 2025:KHC:53729 WP No. 36921 of 2025 to restore the sites in the layout formed in Survey No.61 to their original status as residential sites. 4. The petitioners claim to be the lawful allottees and owners of the various sites in Vrushabhavathi Layout, 6th Stage, Banashankari, Bengaluru in Survey No.61 of Thalaghatpura Village, Uttarahalli Hobli, Bengaluru South Taluk. Petitioner No.1 claims ownership of Site No.490-K, petitioner No.2 is the allottee of Site No.513-2G, petitioner Nos.3 and 4 claim ownership of Site Nos.485 and 484 under a registered sale deed dated 02.06.2012 and 09.05.2012, and petitioner No.5 claims ownership of Site No.493-C. The khatha certificates are stated to have been issued in their favour. The grievance of the petitioners is that certain miscreants are unlawfully burying dead bodies erecting tombs in the layout, claiming the land to be a burial ground, despite the land having been acquired by the BDA and developed as a residential layout. - 6 - HC-KAR NC: 2025:KHC:53729 WP No. 36921 of 2025 5. Heard learned counsel for the petitioners, learned Addl. Government Advocate for respondent Nos.1 to 3 and Sri. K.Krishna, learned counsel for respondent Nos.4 and 5. 6. Learned counsel appearing on both sides submit that the issue involved in this writ petition is squarely covered by the decision of this Court in SRI. DR. G.GURUSHANKAR's case (supra), wherein this Court in similar circumstances directed respondent Nos.2 and 3 to clear the tombs erected on BDA acquired residential sites within a stipulated time. It is submitted that petitioners herein stand on identical footing and are entitled to similar relief. 7. In light of the submissions made, this Court finds no reason to take a different view in the matter and accordingly, this Court pass the following: ORDER i) The writ petition is allowed. - 7 - HC-KAR NC: 2025:KHC:53729 WP No. 36921 of 2025 ii) Respondent Nos.2 and 3 are directed to clear and remove the tombs, if any, erected in the sites in question within an outer limit of three (3) months from the date of receipt of a certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 17