- 1 - NC: 2025:KHC:16846-DB WP No. 18685 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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. 18685 OF 2024 (GM-MM-S) BETWEEN: 1. KAMLESH KUMAR G PATIL S/O SRI GOPALDAS CHHAGANBHAI KUNDALIYA AGED ABOUT 50 YEARS NO. 26/536, 2ND CROSS DOUBLE ROAD CHAMARAJANAGAR - 571 313 …PETITIONER (BY SRI PAWAN KUMAR AND MS. P. VISHLI SRI LAXMI, ADVOCATES FOR SRI ANUPARNA BORDOLOI, ADVOCATE) AND: 1. DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO. 316, 317, 3RD FLOOR ZILA ADALITA BHAVAN DOUBLE ROAD CHAMARAJANAGAR - 571 313 2. DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO. 316, 317, 3RD FLOOR ZILA ADALITA BHAVAN DOUBLE ROAD CHAMARAJANAGAR - 571 313 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:16846-DB WP No. 18685 of 2024 3. MR. LT. NANWANI S/O LATE MR. TECHCHAND NANWANI AGED ABOUT 60 YEARS DIRECTOR M/S JUBLIEE GRANITES INDIA PVT. LTD. SY NO. 81,DAMMUR VILLAGE BELLARY, KARNATAKA 4. SRI H S JOSHI @ HITEBDRA KUMAR SHIVASHANKARA JOSHI AGED ABOUT 50 YEARS R/A LODHAWA TALUK SUTRAPADA DISTRICT GIRSOMNATH GUJRAT - 362 275 5. SRI C PUTTRANGSHETTY S/OLATE CHAMA SHETTY AGED ABOUT 64 YEARS R/A. UPPINAMOLE VILLAGE YELANDUR TALUK - 571 441 CHAMARAJANAGAR DISTRICT …RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE RESPONDENT No.1 AND RESPONDENT No. 2 TO RESTRAIN FROM ISSUING MINING LEASE IN RESPECT OF THE SCHEDULE PROPERTY IN CONSIDERATION OF THE REPRESENTATION ISSUED BY THE PETITIONER TO THE RESPONDENT No.1 AND 2 DATED 26.02.2024 WHICH IS PRODUCED AT ANNEXURE - A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:16846-DB WP No. 18685 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The grievance of the petitioner in this petition, as highlighted by learned advocates Mr. Pawan Kumar and Ms. P. Vishli Sri Laxmi for learned advocate Smt. Anuparna Bordoloi for the petitioner from the pleadings, is that private respondent No. 5 has applied for mining lease on the property bearing Survey No.337 admeasuring 4 Acres and 11/2 Guntas at Terakanambi Village, Terakanambi Hobli, Gundlupet Taluka, Chamarajanagar District. 2. The petitioner has objection to this and has prayed in this petition to consider the representation dated 26.02.2024 submitted by the petitioner in this regard to the respondent-authorities. 3. The facts in the background are that respondent No.3 executed General Power of Attorney in favour of respondent No.4 in respect of the property in question on 18.07.2016. It is stated thereafter that respondent No.4 approached the petitioner to sell the property. The petitioner agreed to purchase the same after - 4 - NC: 2025:KHC:16846-DB WP No. 18685 of 2024 negotiations. Special Power of Attorney was given by respondent No.4 to one Mr. Sharma who subsequently appears to have cancelled the same. The said Sharma initially obtained ex parte injunction, which came to be vacated on 28.02.2019. The appeal was preferred but, was disposed of upon mutual agreement. 3.1 It was stated by the petitioner that thereafter respondent No.4 sold the property to respondent No.5 on 23.06.2022 in violation of the earlier agreements. The petitioner therefore, filed a suit for specific performance which is stated to be pending. It is stated by the petitioner that he learnt that respondent No.3 had applied for quarry lease. The respondent-authority, it is urged, is required to act to restrain the grant of lease. Therefore, the petitioner made a representation dated 26.02.2024, seeking cancellation of the request made by respondent No.3 for grant of quarry lease. 3.2 Not only that, the subject matter of the present petition is already being dealt with by the civil court . Two suits are filed, one of which is by the petitioner for specific performance in respect of the very property. The facts further show that civil rights of the parties are involved in the dispute which emerges from the facts. - 5 - NC: 2025:KHC:16846-DB WP No. 18685 of 2024 4. The prayer for considering and deciding the representation cannot be granted in the aforesaid facts and circumstances since the petitioner apparently wants to take a leverage for his case and capitalize by filing the present petition seeking directions against the respondent. Any observation or direction even to the extent of consideration of the representation would have its own impact on the civil proceedings also. This court is therefore not inclined to pass any such order also. 5. No relief could be granted. The petition is dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE AHB List No.: 1 Sl No.: 12