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2025 DAILYLAW 24525 (KAR)

SRI M R THAMBI v. STATE OF KARNATAKA

WP/12725/2024 · 2025-03-18

M I Arun, N V Anjaria Cj

body2025

Judgment text

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- 1 - NC: 2025:KHC:11099-DB WP No. 12725 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 12725 OF 2024 (GM-MM_S) BETWEEN: 1. SRI. M.R. THAMBI S/O. LATE M.RAJU AGED ABOUT 63 YEARS 2. SRI. K.RAJU S/O. KANNAPPA AGED ABOUT 52 YEARS BOTH ARE RESIDENTS OF VENKATESHWARA NAGAR KALGUNDI, KADURU TOWN CHIKKAMAGALURU DISTRICT-577 548. …PETITIONERS (BY SRI. N.R. NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT (MSME AND MINES), VIKASA SOUDHA BENGALURU-560 001. 2. THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11099-DB WP No. 12725 of 2024 NO.CA-4, 1ST 'D' CROSS, 'I' BLOCK RAMAKRISHNAGAR MYSORE-570 022. 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY OFFICE OF THE SENIOR GEOLOGIST OFFICE OF THE SENIOR GEOLOGIST CHIKKAMAGALURU-577 101. 4. SRI. C.H.VENKATANARAYANA REDDY S/O. SRINIVASA AGED MAJOR PROPRIETOR OF SRI. LAKSHMI VENKATESHWARA STONE CRUSHERS AND M. SAND RESIDENT OF CHANNAPURA ROAD KOTE CHIKKAMAGALURU-577 101. 5. SRI. C. HARISH REDDY S/O C.H.V.N REDDY AGED ABOUT 29 YEARS RESIDENT OF SRINIVASA NILAYA 2ND FLOOR, CHANNAPURA ROAD VINAYAKANAGAR KOTE CHIKKAMAGALURU-577 101. 6. SRI. G. ANANDA FATHER'S NAME NOT KNOWN, AGED MAJOR PROPRIETOR OF M/S. VASANTHA GEETHA STONE CRUSHER SY. NO. 253, MALLESHWARA VILLAGE KASABA HOBLI, KADUR TALUK CHIKKAMAGALURU DISTRICT-577 548. 7. SRI. CHETHAN S/A. LATE K.M.KEMPARAJU AGED MAJOR PROPRIETOR OF M/S. PADMASHREE ENTERPRISES MALLESHWARA CROSS - 3 - NC: 2025:KHC:11099-DB WP No. 12725 of 2024 KADUR CROSS CHIKKAMAGALURU DISTRICT-577 548. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3; AS PER ORDER DATED 02.05.2024, NOTICE TO OTHER RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 2ND AND 3RD RESPONDENT AUTHORITIES TO CONSIDER APPLICATIONS SUBMITTED BY THE PETITIONERS ON PRIORITY BASIS AND GRANT QUARRY LICENSE IN THEIR FAVOUR AND 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 M.I.ARUN - 4 - NC: 2025:KHC:11099-DB WP No. 12725 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The only prayer which could be pointed out by learned advocate for the petitioners and exists in the pleadings in this petition is for directing respondent Nos.2 and 3– the Joint Director and the Senior Geologist, Department of Mines and Geology to grant quarry licences in respect of the respective applications made by the petitioners. 2. Today when the petition came up for consideration, learned Additional Government Advocate Smt. Niloufer Akbar invited the attention of the court to the memo dated 26.11.2024 filed on behalf of the respondent-authorities along with which, the endorsement dated 08.10.2020 is also produced. 3. It is stated in the said endorsement that respondent No.3, after considering the applications of the petitioners, they have been rejected. - 5 - NC: 2025:KHC:11099-DB WP No. 12725 of 2024 4. Since the applications of the petitioners have been considered and rejected by the aforementioned endorsement dated 08.10.2020, no further adjudication survives in the present petition. 5. The petition is accordingly disposed of as not entertained. It is clarified that the disposal of the petition will not preclude the petitioners to challenge the aforesaid endorsement/order, if advised, to be considered strictly on merits and in accordance with law. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 47