- 1 - HC-KAR NC: 2025:KHC:49442-DB WP No. 12516 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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. 12516 OF 2024 (GM-MM-S) PIL BETWEEN: 1. SRI K.N. MANJUNATHA AGED ABOUT 47 YEARS S/O SRI NANJUNDAPPA KALLANAYAKANAHALLI HUTHARIDURGA HOBLI KUNIGAL, K.R.S. AGRAHARA TUMKUR - 572 130 2. SRI RANGASWAMY G AGED ABOUT 36 YEARS S/O SRI GANGAKALSAIAH NO.14, ALKERE,KOGATTA TUMKUR - 572 126 3. SRI UMESH AGED ABOUT 37 YEARS S/ O SRI DODDAH HONNNAIAH KALLANYAKNAHALLI HUTRIDURGA HOBLI, KUNIGAL TALUK TUMKUR - 572 126 4. SRI S. S. RAMACHANDRAIAH AGED ABOUT 41 YEARS S/O. SRI SIDDALINGAIAH SOMADEVARAPALYA Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49442-DB WP No. 12516 of 2024 KUNIGAL TUMKUR - 572 130 …PETITIONERS (BY SRI ABHINAV RAMANAND A., ADVOCATE FOR SRI V. SRINIVAS RAGHAVAN, SENIOR ADVOCATE, AMICUS CURIAE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MINOR IRRIGATION AND MINES AND GEOLOGY VIDHANA SOUDHA DR. B.R.AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT DC OFFICE, MINI VIDHAN SOUDHA TUMKUR - 572 101 3. THE ASSISTANT COMMISSIONER TUMKUR SUB-DIVISION, MINI VIDHAN SOUDHA TUMKUR - 572 101 4. THE TAHSILDAR KUNIGAL TALUK, NADAKACHERI TALUK OFFICE BULLIDING KUNIGAL, TUMKUR - 572 130 5. THE EXECUTIVE ENGINEER DEPARTMENT OF MINOR IRRIGATION NISARGA BULIDING 1ST CROSS, VIDYA NAGAR TUMKUR - 572 102 - 3 - HC-KAR NC: 2025:KHC:49442-DB WP No. 12516 of 2024 6. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN SPOORTHI LAYOUT BADDIHALLI RING ROAD TUMKUR - 572 104 7. KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY GROUND FLOOR, BEEJA BHAVAN BELLARY ROAD, HEBBAL BENGALURU - 560 024 REPRESENTED BY ITS BY ITS CHIEF EXECUTIVE OFFICER ALSO AT "SRI RAMA SKANDHA" 4TH CROSS P.G LAYOUT, MARALURU DINNE SADHASHIVNAGAR, KUNIGAL ROAD TUMKUR - 572 105 REPRESENTED BY ITS DISTRICT EXECUTIVE OFFICER 8. THE SUPERINTENDENT OF POLICE TUMKUR DISTRICT, SIDDALINGALAHNA PALYA B.H ROAD, ASHOKA NAGAR TUMKUR - 572 103 9. M/S. WIENERBERGER BUILDING MATERIAL SOLUTIONS HAVING ITS OFFICE AT GOTTIKERE, KIADB INDUSTRIAL AREA ANCHEPALYA, HUTRIDURGA HOBALI KUNIGAL TALUK TUMKUR - 572 130 - 4 - HC-KAR NC: 2025:KHC:49442-DB WP No. 12516 of 2024 REPRESENTED BY ITS MANAGING DIRECTOR 10. M/S. ADVIKA ENTERPRISES YELIYUR VILLAGE KUNIGAL TALUK TUMKUR DISTRICT - 572 102 BY ITS AUTHORIZED REPRESENTATIVE SRI REVANNA GOWDA K.C. AGED MAJOR S/O NOT KNOW TO THE PETITIONERS …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1, R-6 & R-8, SERVICE TO R-9 - R-10 ARE DEEMED TO BE EFFECTED V/O. DATED 08.07.2025 & SRI V. RAGHUNATH, ADVOCATE FOR R-7) 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 RESPONDENT AUTHORITIES TO TAKE APPROPRIATE ACTION TO STOP, FORBEAR AND PREVENT ALL THE ILLEGAL ACTIVITIES OF RESPONDENTS No. 9, 10 AND OTHERS INCLUDING DIGGING, EXTRACTING, LIFTING AND MINING OF CLAY AND SAND FROM THE YELIYURKERE TANK BED/AREA AND ALSO DIRECT THE 9TH AND 10TH RESPONDENTS TO PAY THE COSTS TO REJUVENATE THE TANK IN WHICH CONSIDERABLE AMOUNT OF CLAY HAS BEEN REMOVED IN PURSUANCE OF THE REPRESENTATIONS DATED 22.05.2023, 09.06.2023, 12.06.2023, 13.06.2023, 21.06.2023 AND 22.03.2024 AT ANNEXURES - 'C' TO 'J' TO THE PETITION AND THE GROUNDS URGED HEREIN & 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 - 5 - HC-KAR NC: 2025:KHC:49442-DB WP No. 12516 of 2024 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Petitioners have filed the present petition as a public interest litigation, inter alia praying that a direction be issued to the respondents - authorities to take appropriate action to stop, forbear and prevent all illegal activities including digging, extracting, lifting and mining of clay / sand from Yeliyurkere Tank bed area and to rejuvenate the tank. The petitioners allege that as the Yeliyur Lake is being vandalized. It is alleged that clay and soil is being extracted from the lake in question in complete contravention to the applicable rules, licenses and statutory provisions. 2. The learned counsel for the petitioners states that the Yeliyurkere Tank Bed measures about approximately 4,500 hectares and is situated in Yeliyur Village, Huttaridurga Hobli, Kunigal Taluk, Tumkur District. It is stated that the said tank is the only source of water for about 10 to 12 villages of Huttaridurga Hobli, Kunikal Taluk, Tumkur District. The said lake services a population of approximately 8,000 to 10,000 residents. It is stated that respondent No.9 has established a brick kiln factory which is - 6 - HC-KAR NC: 2025:KHC:49442-DB WP No. 12516 of 2024 capable of preparing lakhs of bricks per month and is illegally drawing its raw material from the lake bed. 3. The learned counsel for the petitioners submits that the water in the lake recedes during the dry season. Taking advantage of exposed lake bed, several persons extract clay and mud from the said area, which has resulted in devastating the lake. 4. This Court had sought the assistance of the learned Senior Counsel Mr. Srinivasa Raghavan as the amicus curiae and, he had submitted a report regarding rejuvenation of the lake, which was handed over to the Learned AGA, as recorded in the order dated 08.07.2025. On the said date, the Learned AGA had sought time to take instructions in regard to the report. She has filed an affidavit inter alia affirming as under: "2. I state that in compliance of the direction of this Hon'ble Court order dated 08/07/2025, The Estimate for Rejuvenation of Yaliyur Tank in Kunigal Taluk, Tumukuru District has been approved vide approval order No.MID/114/REJ/2025 dated 24.09.2025 for Rs.100.00 lakhs is herewith produced as Annexure-R1. 3. I state that as per site condition improvements to bund, reconstruction of waste weir, feeder channel improvements, - 7 - HC-KAR NC: 2025:KHC:49442-DB WP No. 12516 of 2024 re-construction of Sluice provisions are made in the estimate which is produced herewith as Annexure R-2. 4. I state that the work will be completed by 31.03.2026 as per the Tender." 5. In view of the above, the petitioners' prayer that steps be taken for rejuvenating the Yeliyur lake, stands redressed. 6. Insofar as illegal mining and encroachment on the lake is concerned, we consider it apposite to direct the concerned authorities to take adequate steps to ensure that there is no encroachment and illegal excavation and mining of clay and sand, in contravention to any rules or licenses. 7. We express our gratitude to the learned Amicus Curiae for lending assistance to this Court. 8. The present petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KS, List No.: 1 Sl No.: 15