LAWS(KAR)-2023-2-431

MAHADEVAIAH Vs. REVENUE SECRETARY

Decided On February 02, 2023
MAHADEVAIAH Appellant
V/S
REVENUE SECRETARY Respondents

JUDGEMENT

(1.) Though the present petition is filed as PIL and the grievance is raised against the proposal for making a provision of additional land for public cemetery, the only objection raised in the petition is that there is already a cemetery in the village.

(2.) There is nothing on record to show that there is any prevention or prohibition for the Government to consider the proposal for providing additional land for the cemetery or burial ground. The order at Annexure-G indicates various reasons for need of provision of additional land for cemetery. Though learned counsel submits that the proposed land is hardly at a distance of 300 meters away from the existing cemetery and a school is hardly 50-60 meters away from the proposed place of cemetery, the learned counsel was also fair enough to submit that this ground is raised orally, on instructions, and no such ground is raised in the representation submitted to the authority which is placed on record at Annexure-L.

(3.) Considering all these grounds, we are unable to find any fault or error or we are unable to convince ourselves to say that a public cause is raised in the present PIL. As such, the PIL being devoid of any merit, deserves to be dismissed and is accordingly dismissed.