Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 14203 (KAR)

GANESH BHAT, v. THE STATE OF KARNATAKA

WP/1371/2025 · 2025-01-23

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2977-DB WP No. 1371 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 1371 OF 2025 (GM-MMS) BETWEEN: GANESH BHAT, S/O SATHYANARAYANA BHAT, AGED ABOUT 56 YEARS, NO.2-28/1, ODABAI HOUSE, SULYA TALUK, DK DISTRICT-574 239. …PETITIONER (BY SRI. RAVINDRA GAJANAN KOLLE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, ROOM NO.320 3RD FLOOR, VIDHANA SOUDHA, BENGALURU-560 001, 2. THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF COMMERCE & INDUSTRIES ROOM NO.135, FIRST FLOOR, VIKASA SOUDHA, BENGALURU-560 001, Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2977-DB WP No. 1371 of 2025 3. THE DIRECTOR & COMMISSIONER DEPT. OF MINES & GEOLOGY NO.49, KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560 001 4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY, MADIKERI-571 201, KODAGU DISTRICT, …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING 4TH RESPONDENT SENIOR GEOLOGIST TO CONSIDER THE REPRESENTATION DATED 31/12/2024 SUBMITTED BY THIS PETITIONER PRODUCED AT ANENXURE-A, PERMITTING HIM TO CARRYOUT UN-INTERRUPTED QUARRYING OPERATIONS THROUGH CONTROLLED BLASTING PERMISSIBLE UNDER NEWLY AMENDED KMMC RULE 6(2) EFFECTIVE FROM 17/03/2023 IN RESPECT OF A LIVE QUARRY LEASE DEED DATED 29/07/2017 AT QL NO.28 OVER AN AREA OF 01.20 ACRES IN SY.NO.36/1 OF P. PERAJE VILLAGE IN MADIKERI TALUKA VALID TILL 28/07/2037 PRODUCED AT ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:2977-DB WP No. 1371 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The only prayer in this writ petition filed under Articles 226 and 227 of the Constitution requires the respondent- Competent Authority to decide the representation of the petitioner dated 31.12.2024, which is produced on record of the petition at Annexure-A Learned Additional Government Advocate Mrs. Niloufer Akbar, who appears on behalf of the respondents, upon service of copy of the petition in advance, is justified in submitted that the representation is very recent and respondent No.4 shall take appropriate decision in accordance with law on or before 15.02.2025. This Court has not gone into the merits of the case of the petitioner nor has expressed anything on the merits since the - 4 - NC: 2025:KHC:2977-DB WP No. 1371 of 2025 competent Authority-respondent No.4 is required to go into the grievance of the petitioner and decide the representation. The petition stands disposed of accordingly. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE VM List No.: 1 Sl No.: 29