- 1 - HC-KAR NC: 2025:KHC:40535 WP No. 5620 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5620 OF 2025 (GM-KIADB) BETWEEN: 1. M/s. NEB STONE CRUSHER A PROPRIETORSHIP CONCERN REP. BY ITS PROP. - BHARATH V AGED ABOUT 38 YEARS, R/AT NO. 113, 3RD MAIN, 4TH CROSS, MPM LAYOUT, MALLATHAHALLI, BENGALURU - 560 056. 2. SRI VINAYAKA STONE CRUSHERS, A PROPRIETORSHIP CONCERN REP. BY ITS PROP. - D. SIDDARAJU S/O. C.K. DODDAIAH, AGED ABOUT 62 YEARS CHOLANAYAKANAHALLI, TIPPAGONDANAHALLI POST, BENGALURU SOUTH TALUK, BENGALURU - 560 032. 3. M/s. S.L.V. STONE CRUSHERS, A FIRM OF PARTNERS, REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 REP. BY ITS PARTNER - SRI VENUGOPAL S/O. SRI VENKATESHAPPA, AGED ABOUT 54 YEARS, RESIDING AT RAMOHALLI, BENGALURU SOUTH TALUK, BENGALURU - 560 074. 4. M/s. S.L.N. STONE CRUSHERS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40535 WP No. 5620 of 2025 A PROPRIETORSHIP CONCERN REP. BY ITS PROP. - CHETHAN, AGED ABOUT 43 YEARS, NO.14, KODIPALYA, RAMOHALLI POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 074. 5. M/s. SRI SARASWATHI STONE CRUSHERS A FIRM OF PARTNERS, REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 REP. BY ITS PARTNER B. BASAVARAJAIAH, AGED ABOUT 52 YEARS, NO.59, SULIVARA VILLAGE, CHIKKANAHALLI POST, TAVREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 562 130. 6. M/s. SRI RANGANATH STONE CRUSHER A FIRM OF PARTNERS, REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 REP. BY ITS PARTNER S.T.UDAY KUMAR AGED ABOUT 55 YEARS, SY. NO.59, SULIVARA VILLAGE, BENGALURU SOUTH TALUK, BENGALURU - 562 130. 7. M/s. SRI MUTHURAYA SWAMY STONE CRUSHER A FIRM OF PARTNERS, REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 REP. BY ITS PARTNER K.M. HOMBE GOWDA, S/O. MUNIMARAIAH - 3 - HC-KAR NC: 2025:KHC:40535 WP No. 5620 of 2025 AGED ABOUT 68 YEARS RESIDING AT NO 19, 5TH CROSS, PIPELINE ROAD, CHOLUR PALYA, BENGALURU - 560 023. 8. M/s. SRI GANESH STONE CRUSHER A FIRM OF PARTNERS, REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 REP. BY ITS PARTNER LOKESH G. H., S/O. MR. HOMBAIAH, AGED ABOUT 37 YEARS, RESIDING AT NO.18, S GOLLAHALLI, SULIVARA CHIKKANAHALLI, BENGALURU - 562 130. …PETITIONERS (BY SRI. RAVINDRA GAJANAN KOLLE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, R. NO. 320, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU- 560 001. Email: CS@KARNATAKA.GOV.IN 2. THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF COMMERCE AND INDUSTRIES, ROOM NO.135, FIRST FLOOR, VIKASA SOUDHA, BENGALURU - 560 001. Email: PRS-CI@KARNATAKA.GOV.IN 3. THE UNDER SECRETARY TO GOVT., DEPARTMENT OF REVENUE (LAND GRANT-I), MULTI STORIED BUILDINGS, NEXT TO VIKAS SOUDHA, BENGALURU - 560 001 Email: SO.LG1.RD@GMAIL.COM - 4 - HC-KAR NC: 2025:KHC:40535 WP No. 5620 of 2025 4. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, (KIADB), 4TH AND 5TH FLOOR, EAST WING, KHANIJ BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001 REP. BY THE CHIEF EXECUTIVE OFFICER AND THE EXECUTIVE MEMBER. 5. THE DEPUTY COMMISSIONER AND THE CHAIRMAN, DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY, BENGALURU URBAN DISTRICT, BEHIND KANDAYA BHAVANA D.C. OFFICE COMPOUND, K. G. ROAD, BENGALURU - 560 009 Email: DCURBAN@NIC.IN 6. THE MEMBER SECRETARY AND THE SENIOR GEOLOGIST, DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY, 13TH FLOOR, V. V. TOWERS, AMBEDKAR ROAD, BENGALURU URBAN DISTRICT, BENGALURU - 560 001 Email: SENIORGEOLOGISTBU1@GMAIL.COM …RESPONDENTS (BY SRI. B. RAVINDRANATH., AGA FOR R1 TO R3, R5 AND R6, SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION DIRECTING TO QUASH OR SET ASIDE THE GOVT. ORDER BEARING NO.KAM.E 705 LGB 2012, BENGALURU DATED 25.10.2012 ISSUED BY 3RD RESPONDENT UNDER SECRETARY PRODUCED AT ANNEXURE-A, AS THE SAME IS DISCRIMINATORY, WITHOUT THE AUTHORITY OF LAW AND CONTRARY TO THE CIRCULAR DATED 04.10.2012 BEARING - 5 - HC-KAR NC: 2025:KHC:40535 WP No. 5620 of 2025 NO.CI/18/MMN/2012 ISSUED BY THE 1ST RESPONDENT CHIEF SECRETARY PRODUCED AT ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents 1 to 3, 5 and 6. 2. Sri.P.V.Chandrashekar, learned counsel accepts notice for respondent No.4. 3. The petitioners are before this Court, seeking the following reliefs: "I. Issue a Writ of Certiorari or any other order or direction directing to quash or set aside the Govt. Order bearing No.Kam.E 705 LGB 2012, Bengaluru dated 25.10.2012 issued by 3rd Respondent Under Secretary produced at Annexure-A, as the same is discriminatory, without the authority of law and contrary to the Circular dated 04.10.2012 bearing No. CI/18/MMN/2012 issued by the 1st Respondent Chief Secretary produced at Annexure -B." 4. Memo dated 14.10.2025 has been filed by the learned counsel for the petitioners, which reads as under: - 6 - HC-KAR NC: 2025:KHC:40535 WP No. 5620 of 2025 "During the pendency of the above Writ Petition, the 6th Respondent Member Secretary and Senior Geologist issued a Notice dated 28.08.2025, pursuant to the directions of 5th Respondent Deputy Commissioner, calling upon the Petitioner No.1 to make payment of Rs.48,78,940/- being the lease rent, contrary to Circular dated 04.10.2012 (Annexure-B) to the Writ Petition). Resultantly, the Petitioners seeks leave of this Hon'ble Court to withdraw the above Writ Petition with liberty to file a fresh, challenging the said Notice dated 28.08.2025 in accordance with law, to meet the ends of justice." 5. Accepting the said memo, the petition is dismissed as withdrawn with liberty to challenge the endorsement/notice which has been issued. SD/- (SURAJ GOVINDARAJ) JUDGE SBN List No.: 1 Sl No.: 4