IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 38512 OF 2025 (KLR-RES)

BETWEEN:

1. SRI KASHINATH P SON OF SRI KASHANNA P, AGED ABOUT 40 YEARS, R/AT NO.4 3^RD MAIN, PIPELINE ROAD, BHEL MINI COLONY, MALLASANDRA, T DASARAHALLI, BENGALURU 560 057.

2. SRI PARAMASHIVAIAH P B SON OF SRI BYLAPPA, AGED ABOUT 56 YEARS, R/AT NO. 24, SRI BASAVESHWARA NILAYA, 1^ST MAIN ROAD, 1^ST CROSS, KIRLOSKAR LAYOUT, NEAR SAPTHAGIRI LAYOUT, SIDEDAHALLI, BENGALURU 560 073.

Digitally signed by JUANITA 3. SRI DHANANJAYA G H THEJESWINI SON OF SRI HANUMANTHAIAH G A Location: HIGH AGED ABOUT 46 YEARS, COURT OF R/AT NO. 136, 1^ST MAIN ROAD, GOPALAPURA KARNATAKA NEAR HESARAGHATTA MAIN ROAD, GOLLAHALLI, BENGALURU RURAL 562 123.

4. SMT BHAVYA R WIFE OF SRI DHANANJAYA G H, AGED ABOUT 36 YEARS, R/AT NO. 136, 1^ST MAIN ROAD, GOPALAPURA, NEAR HESARAGHATTA MAIN ROAD, GOLLAHALLI, BENGALURU RURAL 562 123.

…PETITIONERS (BY SRI. SHIVA KUMAR N., ADVOCATE)

AND:

1. STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA, BENGALURU, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT.

2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, JILLADALITA BHAVAN, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK 562 110.

3. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB DIVISION, DODDABALLAPUR 561203.

4. THE TAHSILDAR NELAMANGALA TALUK, NELAMANGALA 562123.

5. T RAVINAYKA S/O THIMMANAYKA, R/AT KENGAL VILLAGE, BARAGENAHALLI POST, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT 562111.

…RESPONDENTS (BY SRI.V.SESHU., HCGP FOR R1 TO R4 SMT. SAMASHRITHA.R., ADVOCATE FOR SRI. AKARSH KUMAR GOWDA., ADVOCATE FOR R5)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 06/12/2025 BEARING NO. BRDC- LNDGOLNDN/128/25-LYDREGNEL PASSED BY R2 (VIDE ANNEXURE-A) BY ALLOWING THE INSTANT WP AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

It is the contention of the petitioners that at the instance of respondent No.5, who is inimically disposed towards the petitioners, the Deputy Commissioner has passed the impugned Official Memorandum at Annexure-A reserving 17 guntas of land in Sy.No.8 which is abutting the layout formed by the petitioner, and reserving the same for the purpose of a burial ground. Learned Senior counsel submits that in Sy.No.36, which is also abutting the lands in question, there are large extents of land for usage of burial ground. It is submitted that an extent of 2 acres are already reserved for that purpose and there was no need for the Deputy Commissioner to have considered the claim of respondent No.5 and other persons for reservation of 17 guntas of land in Survey No.8 as burial ground.

2. When the matter had come up for Preliminary Hearing, learned High Court Government Pleader was directed to secure instructions from the respondent No.2 - Deputy Commissioner as to why there was a need to reserve the 17 guntas of land in Survey No.8 when other tracts of land were also available in Survey No.36.

3. Having regard to the orders passed by this Court on 09.01.2026, learned High Court Government Pleader today submitted on instructions that the 2 acres of land which were earlier reserved for a burial ground in Survey No.36 of the same village were found unusable for the purpose for which they were reserved, and therefore, at the request of the local villagers, action is taken by the Deputy Commissioner to reserve 17 guntas of land in Survey No.8, which is a 'gunduthopu', for the purpose of a burial ground.

4. At this juncture, learned Senior Counsel appearing for the petitioners submits that though there was a requirement of getting a report from the Tahsildar regarding the present status of 2 acres of land in Survey No. 36, which were already reserved for the purpose of a burial ground, no information is forthcoming from the records.

5. The respondent-Deputy C