- 1 - HC-KAR CNR: KAHC010665282025 NC: 2026:KHC:53178 WP NO.31023 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.31023 OF 2025 (KLR-RES) BETWEEN: BADRIYA JUMMA MASJID KANA, HOSABETTU, SURATHKAL, MANGALURU TALUK, DAKSHINA KANNADA - 575 014. REP. BY ITS PRESIDENT, MR. MOHAMMED, S/O SYED BAVA, AGED ABOUT 48 YEARS. …PETITIONER (BY SRI. THARUN THARANATH POOJARI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MANGALURU, DAKSHINA KANNADA - 575 001. 2. THE ASSISTANT COMMISSIONER MANGALURU, DAKSHINA KANNADA - 575 001. 3. THE TAHSILDAR MANGALURU, DAKSHINA KANNADA-575 001. 4. PANCHAYATH DEVELOPMENT OFFICER JOKATTE VILLAGE PANCHAYATH, MANGALURU TALUK - 575 001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010665282025 NC: 2026:KHC:53178 WP NO.31023 OF 2025 5. SMT. MAMATHA W/O KARUNAKARA, AGED ABOUT 51 YEARS, R/AT NO.62, THOKURU VILLAGE, JOKATTI POST, MANGALURU TALUK, DAKSHINA KANNADA - 575 011. 6. KRISHNA S/O BHOJA POOJARY, AGE: MAJOR. 7. RUDOULPH LUVIS D' SOUZA S/O LATE BACTISH D'SOUZA, AGE: MAJOR. 8. SHARMILA SHALET PINTO D/O JUILIANNA D' SOUZA, AGE: MAJOR. 9. ALOYSIUS B. MOTEIRO C/O VALERIAN MONTERO, AGE: MAJOR. 10. BHOJA MOOLYA S/O BOGGU MOOLYA, AGE: MAJOR. 11. SANDRA SALMA MONTEIRO W/O JEEVAN SUBHASH D' SOUZA, AGE: MAJOR. 12. LIGORI D' SOUZA S/O LATE RAFFAEL D'SOUZA, AGE: MAJOR. 13. SURENDRA S/O LATE VENKAPPA MOOLYA, AGE: MAJOR. - 3 - HC-KAR CNR: KAHC010665282025 NC: 2026:KHC:53178 WP NO.31023 OF 2025 14. CHIDANANDA POOJARY, S/O B. NARAYANA POOJARY, AGE: MAJOR. 15. BAPIST PEREIRA S/O RAYMOND PEREIRA, AGE: MAJOR. 16. AGNES D' SOUZA W/O LATE HENRI D'SOUZA, AGE: MAJOR. 17. WILFRED CUTINHA S/O LATE MATHAIS, AGE: MAJOR. 18. LUCY MASCAREHNAS S/O LAWRENCE MASCAREHNAS, AGE: MAJOR. 19. PURUSHOTTHAMA @ RAVI, S/O GURUVAPPA POOJARI, AGE: MAJOR. 20. LEELA W/O LATE RAVI, AGE: MAJOR. 21. H.B. LOKESH S/O LATE BEERE GOWDA, AGE: MAJOR. 22. ROBERT PINTO S/O CYRIL PINTO, AGE: MAJOR. 23. BENET D' SOUZA. S/O LATE ALEX D'SOUZA AGE: MAJOR. - 4 - HC-KAR CNR: KAHC010665282025 NC: 2026:KHC:53178 WP NO.31023 OF 2025 24. LAWRENCE D'SOUZA S/O LATE BASIL D'SOUZA, AGE: MAJOR. RESPONDENTS 6 TO 24 ARE AGRICULTURISTS, R/AT NO.62, THOKURU VILLAGE, JOKATTI POST, MANGALURU TALUK, DAKSHINA KANNADA - 575 011. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R3; SRI. DHANANJAY KUMAR, ADVOCATE FOR C/R5 TO R24) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET- ASIDE THE ORDER DATED 31ST JULY, 2025 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN REV. REVISION NO.38/2024 VIDE ANNEXURE-T; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner is challenging the order dated 31st July, 2025 (Annexure-T) passed by the Karnataka Appellate Tribunal in Rev.Revision No.38/2024. 2. Heard Sri. Tharun Tharanath Poojari, learned counsel appearing for the petitioner; Sri. Aditya Diwakara, learned Additional Government Advocate appearing for - 5 - HC-KAR CNR: KAHC010665282025 NC: 2026:KHC:53178 WP NO.31023 OF 2025 respondents 1 to 3; and Sri. Dhananjay Kumar, learned counsel appearing for respondents 5 to 24. 3. Sri. Tharun Tharanath Poojari, learned counsel appearing for the petitioner contended that the finding recorded by the Karnataka Appellate Tribunal in the impugned order is incorrect and also contrary to Sections 95 and 290 of the Karnataka (Gram Swaraj and Panchayat Raj) Act, 1993. Accordingly, he sought for interference of this Court. 4. Per contra, Sri. Dhananjay Kumar, learned counsel appearing for respondents 5 to 24 submits that the Burial Ground claimed by the petitioner is within the vicinity of Thokuru Village, Jokatti Post, Mangaluru Taluk. Accordingly, he sought for dismissal of the petition. 5. Sri. Aditya Diwakara, learned Additional Government Advocate appearing for respondents 1 to 3 sought to justify the action of the respondent-Authorities. 6. In the light of submission made by learned counsel appearing for the parties, I have carefully examined the provisions under Sections 95 and 290 of the Karnataka (Gram - 6 - HC-KAR CNR: KAHC010665282025 NC: 2026:KHC:53178 WP NO.31023 OF 2025 Swaraj and Panchayat Raj) Act, 1993. On perusal of Section 95 of the said Act makes it clear that, no land for burial ground shall be provided within hundred meters of a dwelling place or any source of drinking water. Section 290 of the said Act provides for the Government not to obtain licences and permissions. On perusal of the finding recorded by the Karnataka Appellate Tribunal in the impugned order, it is forthcoming that, there are 67 houses, a petrol pump and a general store within the 100 meters radius of the land granted for burial ground. In that view of the matter, I am of the view that the impugned order passed by the Karnataka Appellate Tribunal is just and proper, which does not call for interference of this Court. Accordingly, writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 6