- 1 - HC-KAR NC: 2026:KHC:13094-DB WP No. 38584 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 38584 OF 2025 (GM-RES-PIL) BETWEEN: 1. SRI MANJAIAH R S/O RAMAPPA PATEL AGED ABOUT 74 YEARS RESIDENT OF GURUPURA VILLAGE 1ST CROSS, VIDYA NAGAR SHIMOGGA - 577 201 2. NAGARAJ S S/O SRINIVASAMURTHY AGED ABOUT 52 YEARS RESIDENT OF GURUPURA VILLAGE 2ND CROSS, VIDYA NAGAR SHIMOGGA - 577 201 3. C. NANJUNDAPPA S/O CHANDRAPPA AGED ABOUT 74 YEARS RESIDENT OF GURUPURA VILLAGE 1ST CROSS, VIDYA NAGAR SHIMOGGA - 577 201 4. NAGARAJ E S/O ERAPPA AGED ABOUT 57 YEARS RESIDENT OF GURUPURA VILLAGE HILEHONNUR ROAD Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13094-DB WP No. 38584 of 2025 VIDAYA NAGARA SHIMOGGA - 577 201 5. SRI S.R. GURULINGA S/O SANNA RUDRAPPA AGED ABOUT 60 YEARS RESIDENT OF GURUPURA VILLAGE NEAR NANJUNDESHWARA TEMPLE 1ST CROSS, VIDYANAGARA SHIMOGGA - 577 201 6. SRI S. SIDDAPPA S/O SIVALINGAPPA AGED ABOUT 47 YEARS RESIDENT OF GURUPURA VILLAGE VIDYANAGAR SHIMOGGA - 577 201 7. SRI SATHYAKESHAVA B AGED ABOUT 59 YEARS RESIDENT OF GURUPUAR VILLAGE 2ND CROSS, VIDYANAGAR SHIMOGGA - 577 201 …PETITIONERS (BY SRI GANAPATHI NAIK KANGOD, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING BENGALURU - 560 001 2. DEPUTY COMMISSIONER SHIMOGGA DISTRICT SHIMOGGA - 577 201 - 3 - HC-KAR NC: 2026:KHC:13094-DB WP No. 38584 of 2025 3. THE TAHASILDAR SHIMOGGA TALUK SHIMOGGA DISTRICT - 577 201 4. THE COMMISSIONER SHIMOGGA URBAN DEVELOPMENT SHIMOGGA - 577 201 5. SRI K.V. SHIVAUMAR S/O LATE K.T. VEERAPPA GOWDA AGED ABOUT 51 YEARS RESIDENT OF ASHOK NAGAR - 2 YEDEHALLI, BHADRAVATHI TALUK SHIMOGGA DISTRICT - 577 301 6. SMT. N.G. BHAGYA W/O D. MOHAN REDDY AGED ABOUT 49 YEARS RESIDENT OF SIDDESHEARA NAGAR HOLEHONNUR ROAD SHIMOGGA - 577 201 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(2) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO DIRECT THE RESPONDENT NO.1 TO 4 TO PROTECT THE BURIAL GROUND TO THE EXTENT OF 1 ACRE LAND AVAILABLE IN ADJACENT TO THE SY.NO.27/1 OF PURALE VILLAGE, KASABA HOBLI, SHIMOGGA TALUK AND DISTRICT CONSIDERING THE REPRESENTATION DATED 19/08/2024 UNDER ANNEXURE-F BY ISSUING THE WRIT IN THE NATURE MANDAMUS & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:13094-DB WP No. 38584 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition as a public interest litigation impugning an endorsement dated 24.10.2025, issued by respondent No.4. 2. The petitioners claim to be the residents of Purale and Gurupura villages, Kasaba hobli, Shivamogga Taluk. The petitioners seek to claim rights in respect of 04 guntas of land adjoining the land falling in Survey No.27/1 which is in the buffer zone of the banks of a river. 3. A layout has been formed in the private land which is immediately adjoining the buffer area and the petitioners are essentially aggrieved by the same. Notwithstanding that a layout has been formed adjoining the 04 guntas of land, the petitioners seek to use the said buffer zone as a graveyard and for holding functions. - 5 - HC-KAR NC: 2026:KHC:13094-DB WP No. 38584 of 2025 4. The Shivamogga-Bhadravathi Urban Development Authority has pointed out there is 01.00 acre of government land, which is adjacent to the said lands and the same are being used for fodder and for the cattle. The authorities also called for a report which indicates that there is no encroachment as alleged. 5. We are unable to fault the endorsement issued by the concerned authority. 6. The petition is, accordingly, dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 2 Sl No.: 5