- 1 - HC-KAR NC: 2025:KHC:27224-DB WP No. 22572 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 22572 OF 2024 (GM-RES-PIL) BETWEEN: 1. SRI MAHESHA M S/O MAHADEVA AGED ABOUT 34 YEARS R/AT No. 127 LINGAYATHARA BEEDI VARUNA HOBLI YANDAHALLI VILLAGE ALANAHALLI POST MYSORE - 570 028 2. SRI NINGAPPA B S/O BASAVARAJAPPA AGED ABOUT 46 YEARS R/AT NO 55, YANDAHALLI VILLAGE NEAR MARAMMANA TEMPLE ROAD VARUNA HOBLI LALITHADRIPURA POST MYSORE - 570 010 3. SRI REVANNA S/O MARIGOWDA AGED ABOUT 53 YEARS R/AT No. 104, SIDDAPPAJI TEMPLE ROAD YANDALLI VILLAGE VARUNA HOBLI Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27224-DB WP No. 22572 of 2024 LALITHADRIPURA POST MYSORE - 570 010 4. SRI RAJU K S/O. KARIGOWDA AGED ABOUT 35 YEARS R/AT No. 57 SIDDAPPAJI DEVASTANADA BEEDI YANDAHALLI VILLAGE VARUNA HOBLI LALITHADRIPURA POST MYSORE - 570 010 5. SRI B. BASAVARAJU S/O. LATE BASAVEGOWDA AGED ABOUT 49 YEARS R /AT No. 164 YANDAHALLI VILLAGE NEAR BASAVESHWARA TEMPLE ROAD VARUNA HOBLI LALITHADRIPURA POST MYSORE - 570 010 6. SRI SANTHOSH V S/O VENKATAPPA AGED ABOUT 36 YEARS R/AT No. 150 YANDAHALLI VILLAGE VARUNA HOBLI LALITHRADRIPURA POST MYSORE - 570 010 7. SRI SHIVAKUMAR M S/O LATE MALLEGOWDA AGED ABOUT 38 YEARS R/T No.165, YANDAHALLI VILLAGE VARUNA HOBLI LALITHRADRIPURA POST MYSORE - 570 010 …PETITIONERS (BY SMT. B.V. VIDYULATHA, ADVOCATE A/W MS. DHRUTI C., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:27224-DB WP No. 22572 of 2024 AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE - 570 005 3. THE ASSISTANT COMMISSONER MYSORE SUB DIVISON MYSORE - 570 005 4. THE TAHSILDAR OFFICE TAHSILDAR MINI VIDHANA SOUDHA MYSORE TALUK MYSORE - 570 010 5. KARNATAK TANK CONSERVATION AND DEVELOPMENT AUTHORITY GROUND FLOOR BEEJA BHAVANA BELLARY ROAD HEBBAL BENGALURU - 560 024 …RESPONDENTS (SMT.NILOUFER AKBAR, AGA FOR RESPONDENT Nos.-1 TO 4 SRI V. RAGHUNATH, ADVOCATE FOR RESPONDENT No.5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION QUASHING OFFICIAL MEMORANDUM DATED 25/02/2006 ISSUED BY THE 2ND RESPONDENT DEPUTY COMMISSIONER AT ANNEXURE-B TO THE WRIT PETITION & ETC. - 4 - HC-KAR NC: 2025:KHC:27224-DB WP No. 22572 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, inter alia, impugning an Office Memorandum dated 25.02.2006 issued by respondent No.4, whereby part of the land located in the vicinity of a water body (Survey No.63, Yandahalli Village, Varuna Hobli, Mysuru Taluk and District) has been earmarked for a burial ground. 2. It is the petitioners' case that earmarking of a land for the purpose of burial ground will have the effect of contaminating the water body; and second, would result in shrinkage of the water body. The learned counsel for the respondents acknowledges that the petitioners have raised a vital issue that requires consideration. The petitioners have also made representations [which are annexed as Annexures-E to E7], inter alia, praying that the directions be issued to - 5 - HC-KAR NC: 2025:KHC:27224-DB WP No. 22572 of 2024 respondent Nos.1 to 5 to take suitable steps after considering the same. 3. In the given facts and circumstances of the case, we consider it apposite to allow the said prayer. We, accordingly, direct respondent Nos.1 to 5 to consider the representations made by the petitioners and take an informed decision in accordance with law as expeditiously as possible; and preferably within a period of twelve weeks from date. 4. The petition is, accordingly, disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 27