- 1 - HC-KAR NC: 2025:KHC:44624 WP No. 25337 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25337 OF 2017 (GM-R/C) BETWEEN: 1. JAYARAMA N SALIAN S/O LATE NARAYAN M KANCHAN AGED ABOUT 62 YEARS "SUSHEELA MANSION" NEAR JUNIOR COLLEGE YERMAL BADA POST PADU UDUPI TALUK AND DISTRICT 574 119 2. S G RAMACHANDRA S/O GOPAL G AMIN AGED ABOUT 65 YEARS "SHREE DURGA" HIGH SCHOOL ROAD, YERMAL BADA POST PADU UDUPI TALUK AND DISTRICT 574 119 3. B ASHWATHAMA KARKERA S/O LATE NARAYAN PUTHRAN AGED ABOUT 75 YEARS "HARI PRASAD" NEAR JUNIOR COLLEGE YERMAL BADA POST PADU UDUPI TALUK AND DISTRICT Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44624 WP No. 25337 of 2017 574 119 4. YERMAL BADA MOGAVEERA SABHA YERMAL BADA, YERMAL PADU POST UDUPI TALUK AND DISTRICT-574 119 REPRESENTED BY ITS PRESIDENT SRI JINARAJ YERMAL S/O M RAMAPPA, AGED ABOUT 54 YEARS …PETITIONERS (BY SRI. HAREESH BHANDARY T.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT M.S.BUILDING, BENGALURU-560 001 2. THE DEPUTY COMMISSIONER (HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS) UDUPI DISTRICT, UDUPI-576 101 3. THE ASSISTANT COMMISSIONER KUNDAPURA DIVISION, UDUPI DISTRICT-576101 4. TAHASILDAR UDUPI TALUK, UDUPI DISTRICT-576 101 - 3 - HC-KAR NC: 2025:KHC:44624 WP No. 25337 of 2017 5. BADA GRAMA PANCHAYATH BADA VILLKAGE AND POST, UDUPI TALUK & UDUPI DISTRICT REPRESENTED BY ITS PANCHAYATH DEVELOMENT OFFICER 576 101 6. THE DISTRICT COORDINATOR KARNATAKA DALITHA SANGARSHA SAMITHI (REGD) (AMBEDKAR VADA) DISTRICT SAMITHI, UDUPI-576 101 7. SRI LAKSHMAN K SUVARNA S/O LATE KARIYA KOTIAN AGED ABOUT 57 YEARS R/AT SAJANA NIVAS YERMAL BADA, POST PADU, UDUPI TALUK & DISTRICT-547 119 8. SRI DINESH YERMAL S/O C M PUTHRAN AGED ABOUT 44 YEARS R/AT K C NILAYA, YERMAL BADA, POST PADU, UDUPI TALUK & DISTRICT-574 119 9. SRI LAKSHMAN THINGALAYA S/O LATE NARAYANAPPA K SUVARNA AGED ABOUT 57 YEARS R/AT SREE MAHALAKSHMI YERMAL BADA, P0ST PADU, UDUPI TALUK & DISTRICT-574 119 - 4 - HC-KAR NC: 2025:KHC:44624 WP No. 25337 of 2017 10. THE DEPUTY COMMISSIONER (REVENUE) UDUPI DISTRICT UDUPI-576 101 …RESPONDENTS (BY SRI. V. SHIVAREDDY, AGA FOR R1 TO R4 AND R10; MS. SAKSHA BHAGAVAN, ADVOCATE FOR SRI. ASHOK N. NAIK, SRI. GANAPATHI BHAT, ADVOCATE FOR R5; R6, R7, R8 AND R9 ARE SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM R-2 WHICH ULTIMATELY RESULTED IN ISSUING IMPUGNED ORDER ANNEX-K DATED 4.4.2016 IN CASE NO. DVS. MSC. CR. 4/2011-12 BY THE R-2; QUASH THE IMPUGNED ORDER ANNEX-K DATED 4.4.2016 MADE IN CASE NO. DVS. MSC. CR. 4/2011-12 BY THE R-2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:44624 WP No. 25337 of 2017 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners, who assert that they are permanent residents of Yermal Bada Padavu Village, Udupi Taluk and District, have called in question the second respondent's decision dated 04.04.2016, and the second respondent's decision is in the light of the directions by a Division Bench of this Court in W.P.No.7972/2016 [GM-RES-PIL]. The second respondent has opined that the land in Sy.No.160/1 of Ucchila Bada Grama, Udupi Taluk must be used and developed as a burial ground and the funds earmarked must be utilized for that purpose. Presently, Mr. Hareesh Bhandary T, the learned counsel for the petitioners has placed on record certain additional documents with the memo dated 11.03.2025. The details of these additional documents are as follows. - 6 - HC-KAR NC: 2025:KHC:44624 WP No. 25337 of 2017 [a] The second respondent's order dated 11.07.2017 earmarking the land in Sy.No.95/1, measuring 0.50 acres of Belapu Village, Udupi Taluk for the purposes of a Hindu burial ground for the benefit of the residents of both Belapu and Bada Villages. [b] The Communication by the competent authority on the construction of the requisites for the burial ground. [c] The photographs of the completed civil works for the burial ground, including the photograph of a board that the construction is completed incurring a cost of Rs.25,00,000/-. [d] The Communication dated 04.03.2025 by the Bada Grama Panchayath addressed to the second respondent stating that in terms of the order dated 11.07.2017 and the interim orders as against the use of - 7 - HC-KAR NC: 2025:KHC:44624 WP No. 25337 of 2017 the land in Sy.No.160/1 Ucchila Bada Grama, Udupi Taluk for similar purposes, the construction necessary for use of 0.50 acres in Sy.No.95/1 of Belapu Village, Udupi Taluk as a Hindu burial ground is completed and that the residents of the Bada Village have been using the same facility for over seven years without any objections. There is a request for elaboration on behalf of the learned counsel who is presently on record for the fifth respondent, but this Court is of the view that the documents produced today show that there is no cause for the present petition as an alternative land is developed giving up the use of the land in Sy.No.160/1 of Ucchila Bada Grama, Udupi Taluk for similar purposes. In the light of the afore, the following: - 8 - HC-KAR NC: 2025:KHC:44624 WP No. 25337 of 2017 ORDER The petition is allowed observing that the impugned order dated 04.04.2016 stands superseded by his next order dated 11.07.2017 and all the other works that have been undertaken pursuant to such order. Sd/- (B M SHYAM PRASAD) JUDGE RB