Writ petitioners sought direction to grant 3 acres of land for a graveyard as a PIL. The High Court held that the claim was being examined by concerned authorities and was not a proper PIL, disposing of the petition.
None. Claim examined by authorities is not a proper PIL.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.33675/2017
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2018
PRESENT
HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON’BLE MR.JUSTICE KRISHNA S DIXIT
WRIT PETITION NO.33675 OF 2017 (KLR-RES)(PIL)
BETWEEN:
S/O MUKANA, AGED 37 YEARS, R/AT NO.E311, KUVEMPUNAGAR, 2ND STAGE CHURCH ROAD, SMT ROAD KUVEMPU NAGAR, BENGALURU - 560014
S/O DANIEL AGED 36 YEARS, R/AT E 412, KUVEMPUNAGAR 2ND STAGE, GOVT SCHOOL ROAD, BENGALURU URBAN - 560014
W.P.No.33675/2017
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AGED 36 YEARS # 87, STREET, KAMARAJA ROAD, 7TH CROSS, KUVEMPU NAGARA 1ST STAGE, BENGALURU, NORTH JALAHALLI EAST - 560014
... PETITIONERS
(BY SRI. SAMEER S N, ADVOCATE AND SRI. J. ARUN , ADVOCATE)
AND:
W.P.No.33675/2017
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... RESPONDENTS
(BY SRI. S. H. PRASHANTH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 13.06.2017 AND DIRECT THE RESPONDENTS TO GRANT THE 3 ACRES OF LAND IN SY NO.109 OF SINGAPURA VILLAGE, FOR THE PURPOSE OF GRAVEYARD TO THE RESIDENTS OF KUVEMPUNAGARA, JALAHALLI EAST, BENGALURU – 14..
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE , MADE THE FOLLOWING:
ORDER
The petitioners who claim to be residents of Kuvempunagara, Jalahalli East, Bengaluru-560 014, have presented this writ petition purporting to be in the public interest.
It is submitted that the petitioners have made a request to the second respondent through Dalita Sangarsh Samiti vide representation dated 04.02.2013 for granting 03 acres of land in Survey No.2 of Kuvempunagara in Yelahanka Hobli, Bengaluru as a burial ground after removing the encroachers
W.P.No.33675/2017
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threat but the authorities have failed to take appropriate decision on the representation so made.
The petitioners submit that the land measuring 03 acres in Survey No.9 of Singapura Village which is being used as burial ground presently is far away from their locality and that the same is highly inadequate for a population of over 15,000 and therefore, they seek to justify the demand for the earmarking of the petition land aforementioned as a burial ground.
After service of notice, the respondents have entered appearance through the Additional Government Advocate and have resisted the writ petition, while contending interaila, that there exists already a burial ground and that the second respondent, on the representation of the petitioners, has solicited a report from the jurisdictional Assistant Commissioner and the Tahsildar vide letter dated 22.07.2013 which the petitioners themselves have produced as Annexure-A. Therefore, he submits that the petition is too
W.P.No.33675/2017
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premature when the matter is being looked into by the authorities concerned.
Having heard the learned counsel for the parties and having perused the material on record, we are not persuaded to entertain this matter as a Public Interest Litigation, especially when the claim of the petitioners is being examined by the authorities concerned.
However, we leave it open for the petitioners to take recourse to the appropriate remedies in accordance with law, in case of any legal grievance remaining yet.
With the aforesaid observations, this petition stands disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the writ petition filed by residents of Kuvempunagara claiming recognition as a PIL for granting burial ground land be entertained by this court.
1 provisions across 1 enactments
PALANI S/O MUKANA
RAMESH S/O DANIEL
JAGANNA S/O PANDIYAN
GANESH K S/O KARPAN
JAYARAJ S/O KRISHNAN
K SHANKAR S/O KANNAN
DINESH MAHESHWARI
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
