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2025 DAILYLAW 38967 (KAR)

M.A. SUGANDHI v. STATE OF KARNATAKA

WP/21595/2025 · 2025-10-17

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41403-DB WP No. 21595 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 21595 OF 2025 (GM-MM-S) BETWEEN: 1. M.A. SUGANDHI S/O ASHANNA AGED ABOUT 50 YEARS NO. 250, 1ST FLOOR 5TH MAIN, 1ST STAGE MANJUNATHANAGAR RAJAJINAGAR BENGALURU - 560 010. …PETITIONER (BY SRI RODDA VEERASHETTY BHIMARAO, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560 001. 2. DIRECTOR MINES AND GEOLOGY DEPARTMENT KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001. Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41403-DB WP No. 21595 of 2025 3. DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR - 572 104. 4. COMMISSIONER COMMERCE & INDUSTRIES DEPARTMENT KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) 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 DIRECTING THE RESPONDENTS TO TAKE LEGAL ACTION IN RESPECT OF THE SY.NO.51 AND OTHER SURVEY NUMBERS WHERE SMT. BHARATHI RAVICHANDRAN IS EXTRACTING THE ILLEGAL MINING OPERATION VIDE ANNEXURE-A DATED 02/12/2024 & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. The learned Additional Government Advocate accepts notice. - 3 - HC-KAR NC: 2025:KHC:41403-DB WP No. 21595 of 2025 2. The petitioner has filed the present petition, inter alia, praying as under: "PRAYER WHEREFORE, the Petitioner humbly pray that this Hon'ble Court may be pleased to:- (a) Issue a writ in the nature of mandamus directing the respondents to take legal action in respect of the Sy.No.51 and other survey numbers where Smt. Bharathi Ravichandran, is extracting the illegal mining operation vide Annexure A dated 02-12-2024 (b) Issue any other writ or order or direction as deemed fit to grant in the facts circumstances of the above case, in the interest of justice and equity". 3. It is the petitioner's case that one Smt. Bharathi Ravichandran has been illegally carrying on mining activities in Survey No. 51 located at Gajjigarahalli Village. The said land is government land and Smt. Bharathi Ravichandran does not hold any mining lease in respect of the said land. The petitioner has also annexed the legal notice, inter alia, stating that Smt. Bharathi Ravichandran holds mining lease in respect of land measuring 2 acres in survey No.53/3. It is alleged that the said land does not have any mining material and is now filled up with mud. Therefore, the lease holder is illegally mining in the adjacent areas. It is also - 4 - HC-KAR NC: 2025:KHC:41403-DB WP No. 21595 of 2025 alleged that the respondents have imposed a fine of Rs.31,00,000/-, but the illegal mining carried on by the said mine owner, far exceeds the amount of penalty levied. 4. It is noticed that all allegations are directed against Smt. Bharathi Ravichandran. She is not made a party to the present petition. Apart from the bald allegation, there is no material placed on record to substantiate the same. 5. In view of the above, we consider it apposite to dispose of the present petition by permitting the petitioner to forward any material documents to establish the allegations to the concerned department. Needless to state that if the concerned officials find that the material supplied by the petitioner warrants an inquiry, they shall act accordingly. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 1 Sl No.: 7