- 1 - HC-KAR NC: 2025:KHC:19589-DB WP No. 14780 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 14780 OF 2025 (GM-MM-S) BETWEEN: SRI. K. CHETAN S/O. SRI. K. M. KEMPARAJU, AGED ABOUT 35 YEARS, RESIDING AT MARAVANJI ROAD, KADUR, CHIKKAMAGALURU – 577 101. …PETITIONER (BY SRI. VIKRAM S. HUILGOL, SENIOR COUNCIL ALONG WITH SRI. T. S. VENKATESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOREST, BY ITS PRINCIPAL CHIEF CONSERVATOR OF FOREST, 4TH FLOOR, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BANGALORE – 560 003. 2. THE STATE OF KARNATAKA SECRETARY DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, SHESHADRIPURAM, BANGALORE – 560 001. Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19589-DB WP No. 14780 of 2025 3. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE CHIKAMAGALUR DISTRICT, CHICKMAGALUR – 577 101. 4. THE ASSISTANT COMMISSIONER SUB-DIVISION, TARIKERE – 577 228. 5. THE DEPUTY CONSERVATOR OF FOREST CHIKMAGALURU DIVISION, CHIKMAGALURU – 577 101. 6. THE ASSISTANT CONSERVATOR OF FOREST AND T A TO DEPUTY CONSERVATOR OF FOREST, CHIKMAGALURU DIVISION, CHIKMAGALURU – 577 101. 7. RANGE FOREST OFFICER KADUR RANGE, K.M. ROAD, KADUR - 577 548. 8. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, CHIKMAGALURU – 577 101. …RESPONDENTS (BY MS. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a. CALL FOR RECORDS WHICH LED TO ISSUANCE OF DIRECTION TO THE PETITIONER TO STOP BUILDING STONE MINING, INVENTORY AND TRANSPORT IN LEASED PREMISE WITH IMMEDIATE EFFECT UNTIL THE FURTHER DECISION OF DISTRICT TASK FORCE COMMITTEES b. TO ISSUE A WRIT OF CERTIORARI, OR ANY OTHER WRIT , ORDER OR DIRECTION THEREBY QUASHING THE COMMUNICATION BEARING No.MGD/SGC/SML/2025-26/480 DATED 09.05.2025 (No.GaBhoE/HiBhoChi/Ka.Ga.Gu/2025-26/480 DATED 09.05.2025) (ANNEXURE-A) ISSUED BY THE 8TH RESPONDENT c. ISSUE SUCH OTHER ORDER/ORDERS AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE INCLUDING COSTS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:19589-DB WP No. 14780 of 2025 CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) Though the writ petition has been filed by the petitioner with the following prayer: “Wherefore, it is respectfully prayed this Hon’ble Court may be pleased to issue: a. Call for records which led to issuance of direction to the Petitioner to stop Building Stone Mining, inventory and transport in leased premise with immediate effect until the further decision of District Task Force Committees. b. To issue a Writ of Certiorari, or any other writ, order or Direction thereby quashing the Communication bearing No.MGD/SGC/SML/2025-26/480 dated 09.05.2025 (No.GaBhoE/HiBhoChi/Ka.Ga.Gu/2025-26/480 dated 09.05.2025) (Annexure-A) issued by the 8th Respondent; c. Issue such other order/orders as deemed fit in the circumstances of the case including costs;” - 4 - HC-KAR NC: 2025:KHC:19589-DB WP No. 14780 of 2025 2. On the last date of hearing, Sri. Vikram S. Huilgol, learned Senior Counsel appearing for the petitioner had submitted that he shall press the writ petition on one plea that no show cause notice was issued to the petitioner before the order dated 09.05.2025, was passed. He also suggested that the order dated 09.05.2025, be treated as a show cause notice to enable the petitioner file reply to the same for the respondents to take a final decision. 3. The learned Additional Government Advocate appearing for the respondents sought time to take instructions. 4. On instructions, the learned AGA appearing for the respondents would submit that the order dated 09.05.2025 shall be treated as a show cause notice to the petitioner to enable him to reply to the same. She also states that, as the petitioner has encroached the forest land, the respondents need to coordinate with the Forest Department before taking a final decision. In that regard, she states that the final decision shall be taken within eight weeks from today. 5. If that be so, Sri. Vikram S. Huilgol, submits that the reply to the order dated 09.05.2025 (now show cause notice) shall be filed within one week from today. - 5 - HC-KAR NC: 2025:KHC:19589-DB WP No. 14780 of 2025 6. In view of the above, the respondents shall take a final decision on the show cause notice dated 09.05.2025, on the basis of the reply to be submitted by the petitioner and after taking a report from the Forest Department, within eight weeks from today as an outer limit. 7. The writ petition is disposed of. 8. Pending IAs if any, shall stands disposed of. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE SMC List No.: 1 Sl No.: 1 CT:SK