Rajeev Chavan Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Rajeev Chavan Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; respondent Nos.2 and 3 (Deputy Commissioner, Bangalore Urban District and Tahsildar, Bengaluru South Taluk) directed to clear and remove the tombs, if any, erected in the sites in question within three months from receipt of a certified copy of the order.

Issue for consideration

Whether respondent Nos.2 and 3 (Deputy Commissioner, Bangalore Urban District and Tahsildar, Bengaluru South Taluk) are to be directed, by writ of mandamus, to forthwith clear and remove all tombs, graves and illegal burial/cremation structures from the BDA-acquired land in Survey Nos.56, 59/5, 59/6, 59/7, 59/8, 59/9, 60 and 61 of Thalaghatpura Village, Uttarahalli Hobli, Bengaluru South Taluk, and further to restore the residential sites in the layout formed in Survey No.61, in conformity with the judgment in W.P. No.10692/2022 (Sri. Dr. G.Gurushankar) and the BDA vesting orders.

Court's answer

In light of the submissions that the matter is squarely covered by the decision in Sri. Dr. G.Gurushankar's case (supra), this Court finds no reason to take a different view in the matter.

Ratio / Principle

Respondent Nos.2 and 3 are directed to clear and remove the tombs, if any, erected in the sites in question within an outer limit of three (3) months from the date of receipt of a certified copy of this order.

Detailed headnote1 paragraphs

Writ Petition (BDA) under Articles 226 and 227 of the Constitution of India — Mandamus — Removal of tombs/graves from BDA-acquired land. Five allottees/owners of sites in Vrushabhavathi Layout, 6th Stage, Banashankari (Survey No.61, Thalaghatpura Village, Uttarahalli Hobli, Bengaluru South Taluk) — Petitioner No.1 owner of Site No.490-K, Petitioner No.2 allottee of Site No.513-2G, Petitioner Nos.3 and 4 owners of Sites Nos.485 and 484, Petitioner No.5 owner of Site No.493-C, with khatha certificates issued in their favour — alleged that miscreants were unlawfully burying dead bodies and erecting tombs in the layout claiming it to be a burial ground, despite the land having been acquired by BDA and developed as a residential layout. Sought mandamus to respondent Nos.2 (Deputy Commissioner, Bangalore Urban District) and 3 (Tahsildar, Bengaluru South Taluk) to clear and remove all tombs, graves and illegal burial/cremation structures from Survey Nos.56, 59/5, 59/6, 59/7, 59/8, 59/9, 60 and 61 of Thalaghatpura Village, in conformity with the judgment in Sri. Dr. G.Gurushankar v. State of Karnataka, W.P. No.10692/2022 (GM-RES) (Annexure-Q), and the BDA vesting orders, and to restore the sites in the layout formed in Survey No.61 to their original status as residential sites. Counsel on both sides submitted the issue was squarely covered by the Gurushankar decision wherein respondent Nos.2 and 3 were directed to clear tombs on BDA-acquired residential sites. Held, finding no reason to take a different view, the writ petition was allowed and respondent Nos.2 and 3 were directed to clear and remove the tombs, if any, erected in the sites in question within an outer limit of three (3) months from the date of receipt of a certified copy of the order. (Paras 3–7)