- 1 - HC-KAR CNR: KAHC010267802023 NC: 2026:KHC:46193-DB WP No. 11202 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 11202 OF 2023 (GM-MM-S) BETWEEN: 1. SRI SOMASHEKARAPPA S/O LATE HANUMANTAPPA MAGLAR AGED ABOUT 53 YEARS R/AT TEVARATEPPA VILLAGE SORBA TALUK SHIVAMOGGA DISTRICT - 577 413 2. SRI ULLASA RAMACHANDRA G. SHETTY S/O LATE GOPALA SHETTY AGED ABOUT 56 YEARS R/AT GANDHI NAGARA 3RD CROSS, SIRSI UTTARA KANNADA DISTRICT - 581 401 3. SRI NIJAMUDDIN BENNURU S/O SRI GOUSU SAAB AGED ABOUT 51 YEARS R/AT SHIDENURU VILLAGE SHIDENURU POST, BYADAGI TALUK HAVERI DISTRICT - 581 111 …PETITIONERS (BY SRI GANESH GOUDA, ADVOCATE FOR SRI BHAT GANAPATHY, ADVOCATE) Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010267802023 NC: 2026:KHC:46193-DB WP No. 11202 of 2023 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT OF COMMERCE VIKASA SOUDHA BENGALURU - 560 001 3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN BENGALURU - 560 001 4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201 5. THE DEPUTY COMMISSIONER REVENUE DEPARTMENT TANK MOHALLA, SHIVAMOGGA SHIVAMOGGA DISTRICT - 577 201 6. THE ASSISTANT COMMISSIONER DEPARTMENT OF REVENUE SAGARA SUB-DIVISION SHIVAMOGGA SHIVAMOGGA DISTRICT - 577 201 7. THE TAHSILDAR OFFICE OF REVENUE DEPARTMENT - 3 - HC-KAR CNR: KAHC010267802023 NC: 2026:KHC:46193-DB WP No. 11202 of 2023 MINI VIDHANA SOUDHA BUILDING SHIRALAKOPPA ROAD, SORBA SHIVAMOGGA DISTRICT - 577 429 8. THE PANCHAYATH DEVELOPMENT OFFICER YENNEKOPPA PANCHAYATH SORBA TALUK SHIVAMOGGA DISTRICT - 577 429 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE ORDER QUASHING THE IMPUGNED ORDER DATED 04.11.2020, BEARING Sl.No.LND (2) LG2/119-2020 (E-53445) GRANTED THE LAND IN RESPECT OF Sy.No.128, MEASURING 2 ACRES ABUTTING TO THE SCHEDULE ITEM No.1 TO 3 PROPERTY OF THE PETITIONERS QUARRY LEASED AREA IN FAVOUR OF THE 8TH RESPONDENT, ISSUED BY THE 5TH RESPONDENT, AS PER ANNEXURE-F AND ETC. 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 MRS. JUSTICE K.S. HEMALEKHA - 4 - HC-KAR CNR: KAHC010267802023 NC: 2026:KHC:46193-DB WP No. 11202 of 2023 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition, inter alia, impugning an order dated 04.11.2020, whereby a land measuring 2 acres falling in Survey No.128 of Thavaretheppa Village, Aanavatti Hobli, Sorba Taluk, Shivamogga District was allocated for the purpose of a public burial ground for the villagers of Thavaretheppa. 2. The petitioners were aggrieved by the said order, as the 2 acre land as earmarked was adjacent to their quarry. According to the petitioners this restricts the quarrying activities. 3. The learned Additional Government Advocate has filed a memo enclosing therewith an order dated 02.03.2026, whereby the earlier order dated 04.11.2020 which is impugned in the present petition has been cancelled. 4. The said order indicates that a separate parcel of land measuring 2 acres which is at some distance from the quarry has been earmarked for the public burial ground. - 5 - HC-KAR CNR: KAHC010267802023 NC: 2026:KHC:46193-DB WP No. 11202 of 2023 5. Since the order impugned in the present petition has been cancelled, the present petition does not survive. The same is, accordingly, disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KMV List No.: 2 Sl No.: 28