IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.15165 OF 2018 (GM-RES-PIL) BETWEEN:
MOHAMED IKBAL ADVOCATE AGED ABOUT 63 YEARS NO.305, 6/1 MAIN, V.V.NAGAR R.T.NAGAR POST BANGALORE-560 032 ... PETITIONER (PARTY-IN-PERSON [ABSENT]) AND:
1. PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M.S.BUILDING BANGALORE-560 001 2. DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE-560 009 3. DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BANGALORE-560 009 4. DEPUTY COMMISSIONER BELLARY DISTRICT BELLARY-583 101 5. DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA-577 501 6. DEPUTY COMMISSIONER CHAMARAJNAGARA DISTRICT CHAMARAJNAGARA-571 313 7. DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562 101 8. DEPUTY COMMISSIONER CHICKMANGALUR DISTICT CHICKMANGALUR-577 101 9. DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT MANGALORE-575 001 10. DEPUTY COMMISSIONER DHARWAR DISTRICT DHARWAR-580 001 11. DEPUTY COMMISSIONER GADAG DISTRICT GADAG-582 101 12. DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201 13. DEPUTY COMMISSIONER HAVERI DISTRICT HAVERI-581 110 14. DEPUTY COMMISSIONER KOPPALA DISTRICT KOPPALA-583 231 15. DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571 401 16. DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE-570 001 17. DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-571 511 18. DEPUTY COMMISSIONER SHIMOGA DISTRICT SHIMOGA-577 201 19. DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR-572 101 20. DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT KARWAR-583 101 ... RESPONDENTS (BY SHRI Y.H.VIJAYA KUMAR, PRL. GA FOR R1 & R2) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE PRINCIPAL SECRETARY TO THE GOVERNMENT (REVENUE DEPARTMENT) AND TO ALL THE DEPUTY COMMISSIONERS IN THE DISTRICTS TO RESERVE, SANCTION AND MAKE AVAILABLE THE REQUIRED SUITABLE BURIAL GROUNDS IN THE STATE FOR THE DECENT FUNERAL OF THE DEAD PERSONS AS PER THEIR RELIGION AND BELIEF WITHIN 3 TO 6 MONTHS AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The petitioner appearing in person is not present.
2. The learned Additional Government Advocate states that time of six months may be granted to the State Government to provide burial grounds to all the villages and towns which are without burial grounds and to remove the encroachment on the Government lands as observed in paragraphs-7 and 8 of the order dated 2nd July 2019.
3. In view of these statements and considering the prayer made in the writ petition, we dispose of the petition by passing the following order:
i) We direct the State Government to take all possible steps to provide burial grounds to all the villages and towns which do not have burial grounds within a period of six months from today;
ii) We direct the State Government to ensure that the encroachment on the remaining area of 1,77,449 acres of Government lands shall be removed within a period of six months from today;
iii) Needless to add that, if the Government Order dated 16th July 2009 is in force, the State Government to bound to implement the same in accordance with law;
iv) The petition is disposed of with the above directions.
v) The pending interlocutory application does not survive for consideration and is disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE LB