Karnataka High Court
WP/11202/2023 of SRI. SOMASHEKARAPPA Vs THE STATE OF KARNATAKA on 27 August 2026
CNR: KAHC010267802023 NC: 2026:KHC:46193-DB WP No. 11202 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 11202 OF 2023 (GM-MM-S)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 11202 OF 2023 (GM-MM-S)
BETWEEN:
1.
SRI SOMASHEKARAPPA
S/O LATE HANUMANTAPPA MAGLAR
AGED ABOUT 53 YEARS
R/AT TEVARATEPPA VILLAGE
SORBA TALUK
SHIVAMOGGA DISTRICT - 577 413
2.
SRI ULLASA RAMACHANDRA G. SHETTY
S/O LATE GOPALA SHETTY
AGED ABOUT 56 YEARS
R/AT GANDHI NAGARA
3RD CROSS, SIRSI
UTTARA KANNADA DISTRICT - 581 401
3.
SRI NIJAMUDDIN BENNURU
S/O SRI GOUSU SAAB
AGED ABOUT 51 YEARS
R/AT SHIDENURU VILLAGE
SHIDENURU POST, BYADAGI TALUK
HAVERI DISTRICT - 581 111
…PETITIONERS
(BY SRI GANESH GOUDA, ADVOCATE FOR
SRI BHAT GANAPATHY, ADVOCATE)
Digitally signed
by
VEERENDRA
KUMAR K M
Location: High
Court of
Karnataka
HC-KAR
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU - 560 001
2.
THE SECRETARY
COMMERCE AND INDUSTRIES
DEPARTMENT OF COMMERCE
VIKASA SOUDHA
BENGALURU - 560 001
3.
THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KANIJA BHAVAN
BENGALURU - 560 001
4.
THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
SHIVAMOGGA DISTRICT
SHIVAMOGGA - 577 201
5.
THE DEPUTY COMMISSIONER
REVENUE DEPARTMENT
TANK MOHALLA, SHIVAMOGGA
SHIVAMOGGA DISTRICT - 577 201
6.
THE ASSISTANT COMMISSIONER
DEPARTMENT OF REVENUE
SAGARA SUB-DIVISION
SHIVAMOGGA
SHIVAMOGGA DISTRICT - 577 201
7.
THE TAHSILDAR
OFFICE OF REVENUE DEPARTMENT
HC-KAR
MINI VIDHANA SOUDHA BUILDING
SHIRALAKOPPA ROAD, SORBA
SHIVAMOGGA DISTRICT - 577 429
8.
THE PANCHAYATH DEVELOPMENT OFFICER
YENNEKOPPA PANCHAYATH
SORBA TALUK
SHIVAMOGGA DISTRICT - 577 429
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY APPROPRIATE ORDER QUASHING THE
IMPUGNED ORDER DATED 04.11.2020, BEARING Sl.No.LND (2)
LG2/119-2020 (E-53445) GRANTED THE LAND IN RESPECT OF
Sy.No.128, MEASURING 2 ACRES ABUTTING TO THE SCHEDULE
ITEM No.1 TO 3 PROPERTY OF THE PETITIONERS QUARRY
LEASED AREA IN FAVOUR OF THE 8TH RESPONDENT, ISSUED BY
THE 5TH RESPONDENT, AS PER ANNEXURE-F AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
HC-KAR
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioners have filed the present petition, inter alia, impugning an order dated 04.11.2020, whereby a land measuring 2 acres falling in Survey No.128 of Thavaretheppa Village, Aanavatti Hobli, Sorba Taluk, Shivamogga District was allocated for the purpose of a public burial ground for the villagers of Thavaretheppa.
2. The petitioners were aggrieved by the said order, as the 2 acre land as earmarked was adjacent to their quarry. According to the petitioners this restricts the quarrying activities.
3. The learned Additional Government Advocate has filed a memo enclosing therewith an order dated 02.03.2026, whereby the earlier order dated 04.11.2020 which is impugned in the present petition has been cancelled.
4. The said order indicates that a separate parcel of land measuring 2 acres which is at some distance from the quarry has been earmarked for the public burial ground.
HC-KAR
5. Since the order impugned in the present petition has been cancelled, the present petition does not survive. The same is, accordingly, disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KMV List No.: 2 Sl No.: 28