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2025 DAILYLAW 20578 (KAR)

MR THIRUPATHIRAJU K v. THE STATE OF KARNATAKA

WP/7712/2025 · 2025-04-15

K V Aravind, N V Anjaria Cj

body2025

Judgment text

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- 1 - NC: 2025:KHC:15766-DB WP No. 7712 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH 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. 7712 OF 2025 (GM-MM-S) BETWEEN: 1. MR. THIRUPATHIRAJU K., S/O. D. KARUNAKARAN AGED ABOUT 47 YEARS R/O. KORAVANGALA VILLAGE DUDDA HOBLI HASSAN TALUK AND DISTRICT HASSAN - 573 118. …PETITIONER (BY SRI S.S. MAHENDRA, 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. 2. THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001. Digitally signed by CHAITHRA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15766-DB WP No. 7712 of 2025 3. THE DEPUTY DIRECTOR/SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY GRAMA PANCHAYATH ROAD BEHIND R.T.O. OFFICE HASSAN DISTRICT HASSAN - 573 201. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING RESPONDENT No.1 - THE SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF MINES AND GEOLOGY, TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 24 FEBRUARY 2025 (ANNEXURE-A) AND ACCORD APPROVAL FOR THE PROPOSAL OF THE PETITIONER FOR GRANT OF BUILDING STONE QUARRYING LEASE OVER AN EXTENT OF 3-10 ACRES IN SURVEY No.180 OF AREKERE VILLAGE, ARASIKERE TALUK, HASSAN DISTRICT, AS PER RULE 8-B OF THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2023 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND - 3 - NC: 2025:KHC:15766-DB WP No. 7712 of 2025 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Filed under Article 226 of the Constitution, the petitioner has prayed by way of this petition to direct respondent-the Senior Geologist, Department of Mines and Geology, to consider the representation of the petitioner dated 24.02.2025. The further prayer is to accord approval to the proposal of the petitioner for grant of quarrying lease for building stone in Survey No.180 for the area to the extent of 3 Acres 10 Guntas at Arekere Village, Arasikere Taluka, Hassan District, as per Rule 8-B of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023. 2. Learned advocate Mr. S.S. Mahendra for the petitioner relied on, in support of the decision of this court, in Mr. N. Subramanya vs. The State of Karnataka and others which was Writ Petition No.29835 of 2024 decided on 03.12.2024. 3. When the petition came up for consideration, responding to the prayer of the petitioner, learned Additional Government Advocate Smt. Niloufer Akbar submitted before the court that the representation of the petitioner dated 24.02.2025 will be considered - 4 - NC: 2025:KHC:15766-DB WP No. 7712 of 2025 by the Senior Geologist, Department of Mines and Geology in accordance with law and on merits within six weeks from the date of receipt of the order. 4. The above statement satisfies the petitioner. Therefore, granting relief to the petitioner to the extent of the statement made by learned Additional Government Advocate, it is directed that the representation of the petitioner dated 24.02.2025 shall be considered and decision in accordance with law shall be rendered by the respondent-Senior Geologist within a period of six weeks from the date of receipt of the order. 5. The present petition is accordingly disposed of with observation that this court has not gone into the merits of the case of the petitioner nor has expressed anything on merits. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE CR List No.: 1 Sl No.: 112