VINAY KUMAR D. VITTALKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) At the outset, we must say that the present writ petition has been filed on an apprehension that the petitioner may be restrained or stopped from carrying on his quarrying activities. The said apprehension is wholly abstract as there is no order/notice issued to the petitioner in that regard.

(2.) The petitioner is a quarry lease holder in respect of Sy.No.128 ad measuring 2 acres out of 23 acres 59 guntas situated in Thevaratheppa Village, Soraba Taluk, Shivamogga District. Vide order dtd. 4/11/2020, respondent No.5 -Deputy Commissioner, Shivamogga District, Shivamogga, by exercising powers under Sec. 71 of the Karnataka Land Revenue Act, 1964 and in pursuance of the Government Order dtd. 20/5/1971, has reserved 2 acres of land in the said survey number for public burial ground, which is abutting the quarry lease area of the petitioner. It is the case of the petitioner that post the said order, there was not much approach of public to the land reserved for burial ground, but in the recent past, there is a frequent approach of public. In view of the same, the Authorities orally informed the petitioner to stop the quarrying activities. It is the apprehension of the petitioner that as there is a constant approach of public to the land reserved for burial ground, the Authority may pass an order restraining or stopping him from carrying on his quarrying activities.

(3.) When we asked the learned counsel for the petitioner as to whether there is any order/notice issued by the Authority in this regard, he submitted that it is only the apprehension of the petitioner that in view of the order dtd. 4/11/2020, the Authority may pass an order restraining or stopping him from carrying on the quarrying activities and therefore, the order dtd. 4/11/2020 is challenged in this writ petition.