- 1 - HC-KAR NC: 2025:KHC:44332 WP No. 51880 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.51880 OF 2019 (GM-RES) BETWEEN: 1. SRI. K. SHYAMA RAJU SON OF LATE K. RAMARAJU, AGED ABOUT 72 YEARS, RESIDING AT NO. 150-B, 10TH MAIN ROAD, RAJAMAHAL VILAS EXTENSION, BENGALURU - 560 080. 2. SRI. K. MUNISWAMY RAJU S/O LATE K RAMARAJU, AGED ABOUT 76 YEARS, RESIDING AT NO. 463/D, 11TH MAIN, 8TH CROSS, SADASHIVANAGAR BENGALURU - 560 080. …PETITIONERS (BY SRI. KRISHNA MURTHY V., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA VIDANA SOUDHA VIDHANA VEEDHI BENGALURU - 560 001. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44332 WP No. 51880 of 2019 2. THE PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, GOVERNMENT OF KARNATAKA M.S.BUILDING 3RD FLOOR, BENGALURU - 560 001. 3. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT OFFICES COMPLEX SIDLAGHATTA ROAD, CHIKKABALLAPURA - 562 101. 4. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA MINI VIDHANA SOUDHA CHIKKABALLAPURA - 562 101. 5. THE TASILDAHAR MINI VIDHANA SOUDHA CHIKKABALLAPURA - 562 101. 6. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH OFFICE NATIONAL HIGHWAY 234, CHIKKABALLAPUR - 562 101. 7. THE DEPUTY THASILDAR NADA KACHERI NANDI VILLAGE (V AND P) CHIKKABALLAPUR - 562 103. 8. THE EXECUTIVE OFFICER CHIKKABALLAPUR TALUK PANCHAYATH, NATIONAL HIGHWAY 234, - 3 - HC-KAR NC: 2025:KHC:44332 WP No. 51880 of 2019 ZILLA PANCHAYATH OFFICE CHIKKABALLAPUR - 562 101. 9. THE GRAM PANCHAYATH REPRESENTED BY ITS DEVELOPMENT OFFICER KUPPAHALLI VILLAGE PANCHAYATH KUPPAHALLI NANDI HOBLI CHIKKABALLAPUR - 562 101. 10. THE SUPERINTENDENT OF POLICE OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE BENGALURU HYDERABAD NATIONAL HIGHWAY - 7 CHIKKABALLAPURA - 562 103. 11. THE STATION HOUSE OFFICER NANDI GIRIDHAMA POLICE STATION CHIKKABALLAPURA ROAD CHIKKABALLAPUR - 562 101. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R 1 TO R5, R7, R10 & R11; R6, R8 & R9 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE RESPONDENTS HERIEN TO EXHUME THE DEAD BODIES BURIED IN THE AGRICULTURAL LAND BEARING SY.NO.89, MEASURING 05 ACRES 4 GUNTAS, SY.NO.178, MEASURING 05 ACRES 22 GUNTAS AND SURVEY NO.179, MEASURING 08 ACRES 10 GUNTAS, 181/1, MEASURING 13 ACRES 07 GUNTAS, SITUATED AT KUDUVATHI VILLAGE MAJARE EERANAHALLI, - 4 - HC-KAR NC: 2025:KHC:44332 WP No. 51880 of 2019 NANDI HOBLI, CHIKKABALLAPURA (ANNX-A, B, C AND D RESPECTIVELY) AND TO RELOCATE THE DEAD BODIES INA DESIGNATED BURIAL GROUND; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioner has sought for direction to the respondents to exhume the dead bodies buried in the land belonging to the petitioner, inter-alia, sought for giving effect to Official Memorandum issued by the respondent No.3-Deputy Commissioner. 3. The grievance raised by the petitioners that certain individuals belonging to Kuduvathi Village have unlawfully trespassed upon the property owned by the - 5 - HC-KAR NC: 2025:KHC:44332 WP No. 51880 of 2019 petitioners and have buried dead bodies therein without obtaining any lawful permission or authorization. The petitioners have, therefore, filed the present writ petition seeking a direction to the respondents to exhume the said bodies from their property. 4. However, the relief sought for by the petitioners involves disputed questions of fact concerning the ownership and possession of the property, as well as the alleged act of trespass and burial. These issues essentially pertaining to the private rights of the petitioners and are not amenable to adjudication under the writ jurisdiction of this Court under Article 226 of the Constitution of India. 5. Nevertheless, it is observed that the petitioners have already submitted a representation dated 30.05.2019 (Annexure–F) before the - 6 - HC-KAR NC: 2025:KHC:44332 WP No. 51880 of 2019 respondent No.-Deputy Commissioner, bringing the matter to their notice. In view of the same, in the interest of justice, it is directed that if no decision has been taken on the said representation till date, the respondent No.3 shall consider and dispose of the representation submitted by the petitioners in accordance with law, after affording an opportunity of hearing to all concerned parties. 6. With this observation, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 29