- 1 - NC: 2025:KHC:9618-DB WP No. 22976 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH 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. 22976 OF 2024 (GM-MM_S) BETWEEN: 1. MR. JUNAID PASHA S/O AKRAM PASHA AGED ABOUT 33 YEARS R/O. No.18/9, 5TH MAIN 16TH CROSS, LAKKSANDRA BENGALURU - 560 030. 2. MR. MOHAMMED MATHEEB S/O M.A. RAKHEEB AGED ABOUT 54 YEARS R/AT NO.21/228 KUMBARA STREET CHAMARAJANAGAR TOWN -571 313. …PETITIONERS (BY SRI P. MAHESHA, ADVOCATE) AND: 1. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJABHAVANA, RACE COURSE ROAD BENGALURU - 560 001. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9618-DB WP No. 22976 of 2024 2. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY No.316-317, 3RD FLOOR DISTRICT ADMINISTRATION BUILDING CHAMARAJANAGAR - 571 313. 3. THE DEPUTY COMMISSIONER AND CHAIMRAN DISTRICT TASK FORCE (MINES) CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR - 571 313. 4. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE VIKASA SOUDHA BENGALURU - 570 001. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE THIRD RESPONDENT DEPUTY COMMISSIONER TO SUBMIT THE NOC FOR THE QUARRYING PURPOSE AS SOUGHT BY THE FIRST RESPONDENT BY LETTER DATED 28.12.2023 VIDE ANNEXURE-N, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:9618-DB WP No. 22976 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) In this petition filed under Article 226 of the Constitution, it is highlighted by learned advocate Mr. P. Mahesha for the petitioners, the prayer is to direct the Deputy Commissioner as respondent No.3 herein to submit no objection certificate for quarrying purpose as sought for by respondent No.1 in letter dated 28.12.2023. 2. It is further prayed to direct respondent Nos.1 to 3 authorities to grant quarrying lease in favour of the petitioner by considering the applications of the petitioners which are stated to have been filed on 30.09.2014 and 29.09.2014. 3. The petitioners claim quarrying lease rights in respect of the land bearing survey No.80 situated at Tagarupura Village, Kollegal Taluka, Chamarajanagar District which admeasuring 6 acres and 4 acres respectively. The aforementioned letter dated 28.12.2023, - 4 - NC: 2025:KHC:9618-DB WP No. 22976 of 2024 (page No.115 Annexure-N) is addressed by the Director of Department of Mines and Geology to the Deputy Commissioner of Chamarajanagar, which is regarding giving of opinion of the revenue department about the applications of the petitioners. 4. The averments in the petition and the aforesaid aspect of addressing of the communication by the director requiring the revenue authority to given an opinion, go to show that the applications of the petitioners are in process of consideration by the authorities in accordance with law. 5. In the circumstances, without going into merits of the petitioners' case, since the applications are claimed to be pending, the present petition is disposed of by directing respondents to act through their competent authorities to consider and decide the applications of the petitioners aforementioned for grant of quarrying lease in respect to the said land within a period of eight weeks from the date of service of the copy of this order. - 5 - NC: 2025:KHC:9618-DB WP No. 22976 of 2024 6. The present order shall operate provided the same is not so far decided. 7. The petition is disposed of accordingly. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 10