- 1 - NC: 2025:KHC:5029-DB WP No. 22604 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH 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. 22604 OF 2024 (GM-MM_S) BETWEEN: 1. M/S. ROBO SILICON PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 REP. BY AUTHORIZED SINGNATORY MR. RAJESH PAI, S/O PANDURANG PAI AGED ABOUT 50 YEARS R/AT NO.68, BHEL LAYOUT PATTANAGERE NORTH, R.R. NAGAR BENGALURU - 560 098. …PETITIONER (BY SRI RAVINDRA GAJANAN KOLLE, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHAN SOUDHA BENGALURU-560 001. 2. THE SECRETARY TO GOVERNMENT DEPT. OF COMMERCE AND INDUSTRIES VIKAS SOUDHA BENGALURU-560 001. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:5029-DB WP No. 22604 of 2024 3. THE DIRECTOR AND COMMISSIONER DEPT. OF MINES AND GEOLOGY KHANIJ BHAVAN NO. 49, RACE COURSE ROAD BENGALURU-560 001. 4. THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY 1ST FLOOR, JUGAL TOWERS MALLIKATTE, MANGALURU DAKSHINA KANNADA DISTRICT-575 001. …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 OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING THE 4TH RESPONDENT DEPUTY DIRECTOR TO FORTHWITH FOLLOW AND IMPLEMENT THE ORDER DATED 11.11.2019 PASSED BY THIS HON'BLE COURT IN W.P.No.28149/2019 THROUGH FRESH SURVEY AND DEMARCATION (S AND D) IDENTIFYING 100 METERS SAFE ZONE AREA AS PER NEWLY INSERTED KMMC RULE 6(2) EFFECTIVE FROM 17.03.2023 AS PER PETITIONER'S REPRESENTATION DATED 23.06.2024 PRODUCED AT ANNEXURE-A, 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 - 3 - NC: 2025:KHC:5029-DB WP No. 22604 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The only prayer made in this petition filed under Article 226 of the Constitution was to direct respondent No.4-the Deputy Director to follow and implement the order dated 11.11.2019 passed by this court in Writ Petition No.28149 of 2019 by conducting fresh survey and demarcation, thereby to identify 100 meters safe zone area as per the newly inserted Rule 6(2) of the Karnataka Minor Mineral Concession Rules, 1994 in view of the representation dated 23.06.2024 made by the petitioner in that regard. 2. The directions of this court which are sought to be implemented as per the above prayer were issued in a petition filed by the very petitioner which was decided on 11.11.2019. The Division Bench inter alia passed the following direction, "(iii) The Deputy Director will apply his mind after perusing the record to the question whether a fresh survey and measurement is required to be carried out. If he is satisfied that either the petitioner has admitted that the mining lease area is within the distance of 200 metres or if a survey is already carried out with notice to the petitioner, it may not be necessary to order a fresh survey." - 4 - NC: 2025:KHC:5029-DB WP No. 22604 of 2024 3. Today when the petition came up for consideration, learned Additional Government Advocate files a memo dated 04.02.2025 along with which, the copy of the Joint Survey Report dated 14.10.2024, the photographs as well as English translation of the survey report are produced. The same are taken on record. 4. The conducting of survey amounts to compliance of the directions as aforesaid as also satisfaction of the prayers sought for in the petition. No further orders are required in this petition. 5. The petition is accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB, List No.: 1 Sl No.: 39