- 1 - NC: 2025:KHC:6452-DB WP No. 1674 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 1674 OF 2025 (GM-MM_S) BETWEEN: MURUDESHWAR CERAMICS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NAVEEN COMPLEX, 7TH FLOOR NO.14, M.G. ROAD BANGALORE-560 001 REPRESENTED BY ITS AUTHORIZED SIGNATORY SATISH R. SHETTY CHAIRMAN AND MANAGING DIRECTOR. …PETITIONER (BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE ALONG WITH SRI SANDEEP LAHIRI, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, GOVERNMENT OF KARNATAKA VIKASA SOUDHA, 1ST FLOOR DR. AMBEDKAR ROAD, BANGALORE - 560 001. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:6452-DB WP No. 1674 of 2025 2. THE DEPUTY DIRECTOR CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR, KARNATAKA-562 101. 3. DEPUTY CONSERVATOR OF FORESTS DEPARTMENT OF FOREST CHIKKABALLAPUR DIVISION CHIKKABALLAPUR, KARNATAKA-562 101. 4. THE ADDITIONAL CHIEF SECRETARY FOREST ECOLOGY & ENVIRONMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, M.S. BUILDING BANGALORE - 560 001. 5. RANGE FOREST OFFICER DEPARTMENT OF FOREST SIDALGHATTA DIVISION CHIKKABALLAPUR, KARNATAKA-562 101. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 27.11.2024 AND CONSEQUENTLY DELETE THE ENTRY AT SL.No.3347 AND 3348 PERTAINING TO SY.NOS.26 AND 27 OF MADDENAHALLI VILLAGE, BASHETTYHALLI HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT MEASURING 4 HECTARES (9.88 ACRES) FROM THE PURVIEW OF DEEMED FOREST LIST VIDE ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:6452-DB WP No. 1674 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The petitioner which is a Company engaged in the manufacturing of vitrified tiles, by invoking the jurisdiction of this Court under Article 226 of the Constitution, has prayed to direct respondent No.4-the Additional Chief Secretary, Forest, Ecology and Environment Department, Government of Karnataka, to consider its representation dated 27.11.2024 and to consequentially delete the entry at Sl.Nos.3347 and 3348 in relation to Sy.Nos.26 and 27, being the lands situated at Maddenahalli Village, Bashettyhalli Hobli, Sidlaghatta Taluka, Chikkaballapura District admeasuring 4 Hectares (9.88 Acres), from the purview of the deemed forest. 2. Not only the prayer is limited in its nature as above, as was highlighted by learned Senior Advocate Mr. Vikram Huilgol assisted - 4 - NC: 2025:KHC:6452-DB WP No. 1674 of 2025 by learned advocate Mr. Sandeep Lahiri for the petitioner, the dispute in the background also lies in narrow compass. 3. It is the case of the petitioner that it obtained mining licence in respect of the land in question on 12.08.1999 which was initially for a period of twenty years from 19.03.1991 to 18.03.2011. The Competent Authority issued no objection certificate and clearance certificate and subsequently, the Karnataka State Pollution Control Board also issued consent for establishment of mining operations. The mining lease was renewed on 31.05.2017 upto 31.03.2020. 3.1. It is the case of the petitioner that by virtue of the amendment in the Karnataka Minor Mineral Concession Rules, the petitioner is now entitled to get its lease renewed for further period of twenty years. It is the further case that the petitioner was allowed to execute the renewed mining lease and to continue the mining operations. 3.2. A renewed mining lease was also granted in favour of the petitioner on 13.08.2018 by the Director, Department of Mines and Geology. Thereafter, an application was made by the petitioner on 11.04.2023 to the Director, Department of Mines and Geology, to - 5 - NC: 2025:KHC:6452-DB WP No. 1674 of 2025 renew and extend the mining lease of the petitioner for twenty years. However, the said request was kept pending and extension is not granted. 3.3. It is the case of the petitioner that despite passage of seven years and more, the respondent-authorities have sat tight on the ground that the entry in the revenue record mentions the lands in question to be in deemed forest list. It is in the above light, it was submitted that the representation was made. It is now prayed before this Court to direct respondent No.4 to decide the representation. 4. Learned Additional Government Advocate Smt. Niloufer Akbar submitted that looking to the kind and nature of the prayer which is only to require the Competent Authority to look into the representation and decide the same, the same could be considered. 5. In light of the above, this petition is disposed of by directing respondent No.4 to consider and decide the representation of the petitioner dated 27.11.2024 in relation to the aspect whether - 6 - NC: 2025:KHC:6452-DB WP No. 1674 of 2025 Sy.Nos.26 and 27 where the petitioner is claiming leasehold rights are the areas within the deemed forest. 5.1. The Competent Authority shall undertake the exercise, record factual finding and intimate the decision to the petitioner in accordance with law within a period of eight weeks from the date of receipt of certified copy of the order. 6. It is clarified that this Court has not entered into nor has expressed any opinion on the merits of the case of the either side. 7. The petition is disposed of granting the above limited directions. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 14