- 1 - HC-KAR CNR: KAHC010588992025 NC: 2026:KHC:49195-DB WP No. 27046 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO.27046 OF 2025 (LB-RES) BETWEEN: 1. KURIAN THOMAS, S/O THOMAS, AGED ABOUT 60 YEARS, 2. SWAPNA THOMAS, W/O THOMAS, AGED ABOUT 57 YEARS, THE DIRECTORS OF ROHAM CLAMPING TECHNOLOGIES PVT. LTD., NO.62/1, BUILDING NO.11A, SOMASHETTIHALLI MAIN ROAD, CHIKKABANAVARA POST, BENGALURU. …PETITIONERS (BY SRI. VISHWAS BOOVANAHALLI, ADVOCATE FOR SRI. LOKESH B, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF MUNICIPALITES, REP. BY ITS SECRETORY, VIKASA SOUDHA, BANGALORE. Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010588992025 NC: 2026:KHC:49195-DB WP No. 27046 of 2025 2. TOWN MUNICIPAL COUNCIL, CHIKKABANAVARA, BANGALORE NORTH TALUK, BANGALORE-560 090, REP. BY CHIEF OFFICER. …RESPONDENTS (BY SRI. S.R. KHAMROZ KHAN, AGA FOR R1; SRI. M.R. HIREMATHAD, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 30/06/2025, ANNEXURES-A AND A1 MADE BY THE PETITIONERS AND DIRECTING THE 2ND RESPONDENTS TO STOP DUMPING GARBAGE/WASTE AT SOMASAHETIHALLI BURIAL GROUND/SCHEDULE PROPERTY SO AS TO AVOID HAZARDUS SMELL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA - 3 - HC-KAR CNR: KAHC010588992025 NC: 2026:KHC:49195-DB WP No. 27046 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking the following reliefs: "a) Issue Writ in the nature of mandamus or any other appropriate order directing the Respondent Authorities to consider the representation dt.30-06-2025 at Annexure A & A1 made by the petitioners. b) Direct the 2nd respondents to stop dumping garbage/waste at Somasahetihalli burial ground/scheduled property to avoid hazardous smell. c) To pass such other order/direction as this Hon'ble court deems fit to grant, to meet the ends of justice." 2. We have heard the learned counsel for the petitioner, learned Government Advocate appearing for respondent No.1 as well as learned counsel appearing for respondent No.2. 3. Learned counsel for the writ petitioner submits that respondent No.2 was dumping garbage at Somashettihalli Public Burial Ground and that the said dumping of garbage in the burial ground was creating untold suffering to the petitioners, employees and the residents of the area. It is submitted that, though several - 4 - HC-KAR CNR: KAHC010588992025 NC: 2026:KHC:49195-DB WP No. 27046 of 2025 representations have been preferred before respondent No.2, no steps were taken. 4. The statement of objections has been placed on record by respondent No.2, wherein it is stated that garbage was being dumped in the burial ground only as a temporary measure, since there was no actual site for dumping or segregating the garbage in the vicinity of the Municipality. It is submitted that respondent No.2 has given a contract of lifting of garbage to one MSGP Infratech Pvt., Ltd., Doddaballapura, for clearing and segregating dry and wet waste. 5. It is further submitted by the learned counsel who appears for respondent No.2 that the dumping of garbage in the public burial ground is not being done anymore. Further it is submitted that as at present the garbage clearance is to be done by the Greater Bengaluru Authority. - 5 - HC-KAR CNR: KAHC010588992025 NC: 2026:KHC:49195-DB WP No. 27046 of 2025 6. Learned counsel for the petitioner also submits that there is substantial reduction in the nuisance caused by the garbage dumping at present. 7. Having considered the contentions advanced, we are of the opinion that the Public Interest Litigation, which has been filed by the petitioners can be disposed of recording the submissions made by respondent No.2. However, it is made clear that in case of any further complaint with regard to garbage dumping, it is for the petitioners to take up the matter with the Greater Bengaluru Authority, in case, any need arises. 8. With the said observations and recording the submissions made by the learned counsel for respondent No.2, writ petition is closed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE PB,List No.: 1 Sl No.: 9