- 1 - HC-KAR NC: 2025:KHC:39472-DB WP No. 28547 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH 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. 28547 OF 2025 (GM-MM-S) BETWEEN: 1. SURESH SHETTY S/O KUTTI SHETTY AGE ABOUT 52 YEARS SWATHIK, KADIKAMBALA NANDALIKE VILLAGE KARKALA TALUK, UDUPI DISTRICT - 576 111 …PETITIONER (BY MS. DEEPTI SHETTY ADVOCATE FOR SRI DHANANJAY KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY CHIEF SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BANGALORE - 575 001 2. THE DIRECTOR DEPT. OF MINES AND GEOLOGY BANGALORE - 575 000 3. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MANIPAL, UDUPI - 576 104 4. MR. DINESH SHETTY AGED ABOUT 48 YEARS S/O SUNDRA SHETTY RESIDENT OF MAHAGANAPATHI STONE CRUSHERS Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39472-DB WP No. 28547 of 2025 NITE VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574 110 …RESPONDENTS (SMT. NILOUFER AKBAR, AGA R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS No.3 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DATED 15.04.2025 VIDE ANNEXURE-A & 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 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, inter alia, praying that direction be issued to respondent No.3 to consider his representation dated 15.04.2025. The petitioner is essentially aggrieved by the grant of quarry license to respondent No.4 in respect of land described as government land (Survey No. 233/1 of Kalya Village, Karkala Taluk). The petitioner states that he owns the adjacent land measuring 7 Acres (land comprised in Survey No.194 of Kalya Village, Karkala, Taluk). It is the petitioner's case that he has been cultivating his land since several years and the grant of a stone quarry lease on the adjacent lands would damage his property. - 3 - HC-KAR NC: 2025:KHC:39472-DB WP No. 28547 of 2025 2. It is noted that the petitioner had also applied for a quarry licence in respect to the same land which is now granted to respondent No.4. More importantly, there is no allegation in the present petition that suggests that there is illegality in the grant of the quarry licence to respondent No.4. The petitioner apprehends that use of explosives for carrying on quarrying activities would damage his agricultural land and crops. 3. We are not persuaded to accept that any peremptory orders are required to be passed at this stage. However, we clarify that in case any quarrying activities are carried out in an illegal manner or in a manner that results in the damage to the petitioner, the petitioner would be entitled to avail all his remedies. 4. The petition is disposed of with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB, List No.: 1 Sl No.: 9