- 1 - HC-KAR NC: 2025:KHC:48669-DB WP No. 3481 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 3481 OF 2024 (GM-MMS-PIL) BETWEEN: 1. THIMMAPPA S/O LATE SUBBARAYAPPA AGED 74 YEARS OCCUPATION: AGRICULTURIST RESIDING AT ATTIMAGE BOVIHATTI VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 2. ANITHA W/O LATE T.C. ESHWARAPPA AGED 39 YEARS OCCUPATION: AGRICULTURIST RESIDING AT ATTIMAGE BOVIHATTI VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 3. T SHANKAR S/O LATE THIMMANNA AGED 41 YEARS OCCUPATION: AGRICULTURIST RESIDING AT ATTIMAGE BOVIHATTI VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 4. N RAGHAVENDRA S/O NAGAPPA AGED 34 YEARS Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48669-DB WP No. 3481 of 2024 OCCUPATION: AGRICULTURIST RESIDING AT ATTIMAGE BOVIHATTI VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 5. R. GOPAL S/O LATE RAMAPPA AGED 33 YEARS OCCUPATION: AGRICULTURIST RESIDING AT ATTIMAGE BOVIHATTI VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 6. HARISH NAIK S/O HANUMANTHA NAIK AGED 35 YEARS OCCUPATION: AGRICULTURIST RESIDING AT ATTIMAGE BOVIHATTI VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 …PETITIONERS (BY SRI RADHAKRISHNA HOLLA A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIDHANA SOUDHA BANGALORE - 560 001 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 501 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHITRADURGA - 577 501 4. THE TAHSILDAR HOSADURGA TALUK HOSADURGA - 577 515 - 3 - HC-KAR NC: 2025:KHC:48669-DB WP No. 3481 of 2024 5. SRI ANIL SRINIVAS S/O B. SRINIVAS RAO NO 1372, GAYATHRI NILAYA 3RD CROSS, 10TH MAIN ROAD JUDICIAL LAYOUT VTC BENGALURU NORTH GKVK POST BENGALURU 6. SRI LOKESH J C/O HANUMANTHAPPA No.77, KALLESHWARA LAYOUT HOSADURGA TALUK CHITRDURGA DISTRICT 7. SRI SHABAD AHMED KHAN S/O B.R. ASHWAK AHMED KHAN B.H. ROAD, HULIYURU HOBLI CHIKKANAYAKANA HALLI TALUK TUMAKURU - 572 218 …RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR R-1 TO 4, SRI MARUTI K. NAIK, ADVOCATE FOR SRI NAIK VENKATRAMAN NAGAPPA, ADVOCATE FOR R-5, V/O. DATED 12.02.2025, R-6 IS DELETED SRI RAJENDRA S., ADVOCATE FOR R-7) 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 APPROPRIATE WRIT OR ORDER OR DIRECTION TO THE RESPONDENT NO.1 TO 4 TO STOP THE STONE CRUSHING ACTIVITIES OF THE RESPONDENT NOS. 5 TO 7 IN SY.NO.77 AND OTHER LANDS IN ATTIMAGE BOVIHATTI VILLAGE, HOSADURGA TALUK, CHITRADURGA DISTRICT FORTHWITH AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 4 - HC-KAR NC: 2025:KHC:48669-DB WP No. 3481 of 2024 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition as a public interest litigation, inter alia, praying that directions be issued to respondent Nos.1 to 4 to stop the stone crushing activities being carried on by respondent Nos.5 and 7 in lands falling in Survey No.77 and other lands in Attimage Bovihatti Village, Hosadurga Taluk, Chitradurga District. 2. The petitioners claim to be residents of Attimage Bovihatti Village (village in question) and are engaged in cultivating the agricultural lands. They claim that agricultural land measuring 2.2 acres falling in Survey No.77/5 was granted under the darkasth to one Sri Thimmanna son of Bhoothanna of the village in question. The grant certificate dated 15.07.2004 was issued. They claim that the said land was to be strictly used for agriculture purposes and subject to the terms and conditions of the grant. However, the said land has been leased to another person residing in Kerala for installation of machinery to crush stones. It is alleged that the said person (Sri Abdul Razaq Maliyakal) had commenced stone crushing activities without obtaining license/permission from the - 5 - HC-KAR NC: 2025:KHC:48669-DB WP No. 3481 of 2024 required authorities. They claim that such illegal activities have destroyed the environment as well as the crops being cultivated on the adjacent lands. 3. In the aforesaid circumstances, the residents of the Athimage Bovihatti Village had approached this court in a writ petition, being W.P No.49787/2018, which was disposed of by an order dated 19.12.2018 noting that the action had been taken in respect of the illegal activities. It is contented that thereafter respondent No.3 (Deputy Director, Department of Mines and Geology) has leased certain lands falling in Survey No.77 to respondent No.5 and 7 for carrying on stone crushing activity. The petitioners claim that the said activity is adversely affecting the environment and is causing pollution beyond the permissible limits. They claim that such activities are illegal and are required to be stopped. 4. The learned AGA submits that the Tahsildar had conducted a meeting with the residents of the village in question on 05.11.2025 and has furnished a report dated 11.11.2025 recommending that the quarry lease be cancelled. - 6 - HC-KAR NC: 2025:KHC:48669-DB WP No. 3481 of 2024 5. The learned counsel appearing for respondent Nos.5 and 7 submit that respondent Nos.5 and 7 are carrying on the activities in accordance with law and there is no information regarding any recommendation to cancel the lease or stop the quarrying activities. 6. In the given facts, we consider it apposite to dispose of the present petition by directing the respondent authorities to consider the grievance of the petitioners (which we are informed has already been noted by the Tahsildar and forms the subject matter of his report dated 11.11.2025) and pass appropriate orders in accordance with law. Needless to state that if any adverse order is proposed to pass against the persons who have been granted the licence to carry on stone crushing activities (respondent Nos.5 and 7), they would be given full opportunity to be heard. 7. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB, List No.: 1 Sl No.: 18