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2025 DAILYLAW 13153 (KAR)

M/S SRI ENTERPRISES v. THE STATE OF KARNATAKA

WP/657/2025 · 2025-04-16

K V Aravind, N V Anjaria Cj

body2025

Judgment text

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- 1 - NC: 2025:KHC:15735-DB WP No. 657 of 2025 C/W WP No. 485 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITION No. 657 OF 2025 (GM-MM_S) C/W WRIT PETITION No. 485 OF 2025 (GM-MM_S) BETWEEN: 1. M/S SRI ENTERPRISES, JOGIHALLI GATE, SOUTH LAYOUT EXTENTION, CHIKKANAYAKANA HALLI, TUMKURU-572 241, REPRESENTED BY ITS PROPRIETOR: MR.B.SAI BABU, S/O. N.BHASKAR, AGED ABOUT 60 YEARS …PETITIONER (COMMON) (BY SRI MAHENDRA S. S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY (MSME AND MINES), DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA, 1ST FLOOR, BENGALURU - 560 001. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15735-DB WP No. 657 of 2025 C/W WP No. 485 of 2025 2. THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, SPOORTHY LAYOUT, BADDIHALLI, RING ROAD, TUMKURU-572104. 4. THE DISTRICT TASK FORCE COMMITTEE, REPRESENTED BY ITS MEMBER SECRETARY, THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, SPOORTHY LAYOUT, BADDIHALLI RING ROAD, TUMKURU-572104. …RESPONDENTS (COMMON) (BY SMT. NILOUFER AKBAR, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO QUASH THE RESOLUTION DATED 05/08/2024 PASSED BY THE DISTRICT TASK FORCE COMMITTEE, TUMKUR DISTRICT (ANNEXURE-A), AS BEING ILLEGAL, WITHOUT AUTHORITY OF LAW, AND IN VIOLATION OF CONSTITUTIONAL AND STATUTORY RIGHTS AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:15735-DB WP No. 657 of 2025 C/W WP No. 485 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) By filing these petitions, resolution dated 05.08.2024 of the District Task Force Committee, Tumakuru District, respondent No.3 herein, is called in question. The District Task Force Committee has decided to invite fresh opinion from the Forest and Revenue Department regarding the application of the petitioner for grant of quarry lease. 2. The petitioner wants this court to direct the competent authority to expeditiously consider the application in accordance with law and in particular, under Rule 8(B) of the Karnataka Minor Mineral Concession Rules, 1994 and Karnataka Minor Mineral Concession (Amendment) Rules, 2023. 3. The subject matter land is in Sy.No.100 situated at A. K. Kaval Village, Tumakuru Taluka and District. One of the prayer in the petition is to direct the competent authority- respondent No.3, who is the Deputy Director, Department of - 4 - NC: 2025:KHC:15735-DB WP No. 657 of 2025 C/W WP No. 485 of 2025 Mines and Geology to consider the representation of the petitioner dated 13.04.2023 expeditiously. 4. Since the representation is pending and at this stage, the authorities are the best judge to consider the grievance of the petitioner and further considered the case of the petitioner for grant of quarry lease. 5. The present petitions are therefore disposed of without going into the merits thereof and without expressing any opinion on merits by directing respondent No.3-Deputy Director, Department of Mines and Geology, Tumakuru to decide the pending representation dated 13.04.2023 within a period of eight weeks. Decision shall be communicated to the petitioner. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 22