- 1 - HC-KAR NC: 2025:KHC:31122-DB WP No. 26969 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 26969 OF 2023 (GM-MM-S) BETWEEN: SRI. H. HALESH KUMAR S/O SRI. HALLAPPA AGED ABOUT 46 YEARS RESIDING AT THAYI NERALU O.S.M.ROAD, 1ST CROSS RIGHT SIDE BEHIND VINAYAKA TALKIES BHADRAVATHI TOWN SHIMOGA DISTRICT-577 301 …PETITIONER (BY SRI. TRIBHUVAN PRAJWAL K, ADVOCATE FOR SRI. K.B. NAVEEN KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN SRI D DEVARAJ URS ROAD RACE COURSE ROAD BANGALORE-560 001 Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31122-DB WP No. 26969 of 2023 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY CHIKMAGALURU DISTRICT CHIKMAGALURU-577 101 …RESPONDENTS (BY SRI. K.S. HARISH G.A, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE NOTIFICATION VIDE No. Ganibhuee/hibhuchi/Mines/15-16/213 DATED 04.05.2015 ISSUED BY THE 2ND RESPONDENT ISSUED IN FORM-GL NOTIFICATION No. 02/2015-16 AS PER RULE (1) SUB-RULE (5) OF KARNATAKA MINOR-MINERAL CONCESSION AND RULE (27) SUB-RULE (2) (ANNEXURE-F) AND ACT ACCORDING TO THE SAID NOTIFICATION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31122-DB WP No. 26969 of 2023 CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. The petitioner has filed the present petition, impugning the notification dated 04.05.2015 issued by respondent No. 2 and, inter alia, praying as under: "a. Issue a Writ of Certiorari any other appropriate Writ or Order quashing the Notification vide No. Ganibhuee/hibuhi/Mines/1- 16/213, Dated: 04.05.2015 issued by the 2nd respondent issued in form- GL Notification No.2/215-16 as per rule (1) sub-rule (5) of Karnataka Minor-Mineral concession and Rule (27) Sub- Rule (2) (ANNEXURE-E) and the same has to be issued for 1 Acre 20 Guntas and executed the quarying lease only for 1 Acre and left 20 Guntas even though in the notification its clearly mentioned as 1 Acre 2 Guntas and hence direct the respondent to act in according to the said notification in the interest of justice and equity. b. Issue any other writ or order or direction that deems fit to grants in the circumstances of the case in the interest of justice and equity." 2. The petitioner had applied for mining lease for quarrying building stone in an area measuring 1 acre and - 4 - HC-KAR NC: 2025:KHC:31122-DB WP No. 26969 of 2023 20 guntas located in Survey No.26 of H. Thimmapura Village, Kasaba Hobli, Tarikeri Taluk, Chikkamagaluru District on 10.01.2011. It is the petitioner’s case that thereafter, he completed all formalities and also obtained the 'No Objection Certificate' and requisite reports from the Forest Department. The petitioner also stated that thereafter on 04.05.2015, respondent No. 2 issued a notification according its sanction to mining along with the sketch showing the area of 1 acre and 20 guntas. Thereafter, the petitioner also obtained the 'Environment Clearance Certificate' from the State Level Environment Impact Assessment Authority, Karnataka on 16.12.2015 and 30.12.2015. The petitioner also paid the necessary fees. 3. However, the petitioner's grievance is that the final lease deed that was executed, is only in respect of 1 acre instead of 1 acre and 20 guntas. According to the petitioner, there is an error that had crept in the lease deed, which is required to be rectified. - 5 - HC-KAR NC: 2025:KHC:31122-DB WP No. 26969 of 2023 4. The petitioner thereafter furnished a representation dated 13.01.2022 to respondent No. 2, which the petitioner submits, was not considered. The petitioner had thereafter, filed a writ petition being W.P.No. 26230/2022, which was dismissed as withdrawn on 24.05.2023. 5. We consider it apposite to set out the order dated 24.05.2023 passed in W.P.No.26230/2022. The same reads as under: "After arguing the matter for some time, the learned counsel for the petitioner submits that he has not been provided proper information and instructions. As such, the petition was prepared on limited instructions provided to him. Therefore, he seeks leave of this Court to withdraw the petition with liberty to file a fresh petition, if so advised. 2. Leave granted. The writ petition is accordingly disposed of as withdrawn with liberty as prayed for." 6. The petitioner did not disclose that he had filed an affidavit, affirmed on 15.06.2018, accepting a lease to the extent of 1 acre and excluding an area of 20 guntas. The said affidavit was affirmed in the context of a conflict with the application for renewal of lease by one Smt. U. - 6 - HC-KAR NC: 2025:KHC:31122-DB WP No. 26969 of 2023 Sujatha, W/o late. Umesh. Smt Sujatha had made a renewal application in respect of quarrying lease to the extent of 2 acres of the adjoining land. There was an overlap of 20 guntas under the lease in respect to which renewal application has been filed and the land of 1 acre and 20 guntas in respect to which an application for lease has been made by the petitioner. This overlap of land was discovered during a joint survey. 7. In view of the above, the petitioner had affirmed the affidavit as mentioned above, whereby the petitioner had, inter alia, affirmed as under: "During the Join Survey, it is understood that my applied area for building stone is overlapping upon the renewal sought area for building stone by Smt. U. Sujatha, W/o Late Umesh. For both these 2 applications, Notifications have been issued for grant of quarrying leases on 04-05-2015 and 28-06-2014 respectively. I hereby accept with my own wish and request you to grant Quarrying Lease over an extent of 1-00 acre of remaining land excluding the overlapping area of my applied area upon the renewal sought area of Smt. U.Sujatha, W/o, Late Umesh. I swear that all the above points stated in the Affidavit are true to the best of my knowledge, belief and information." - 7 - HC-KAR NC: 2025:KHC:31122-DB WP No. 26969 of 2023 8. The petitioner has suppressed the execution of the affidavit in the present petition. 9. The learned counsel for the petitioner submits that, the petitioner had become aware of the affidavit during the course of the proceedings in the earlier writ petition being W.P.No.26230/2022. He submits that the petitioner was compelled to execute the said affidavit in a hurry along with certain other documents, which were not mentioned in the earlier writ petition (W.P.No.26230/2022), and therefore same was withdrawn. 10. This Court had pointedly asked the learned counsel to point out the averments disclosing the fact that the petitioner had executed the affidavit in question. The learned was unable to point out to any averment in the petition. However, he drew the attention of this Court to paragraph-9 of the grounds of challenge. The same is set out below: - 8 - HC-KAR NC: 2025:KHC:31122-DB WP No. 26969 of 2023 "9. The act of the respondents after collecting huge money from the petitioner by keeping quiet for many months of representation dated 13.01.2022 and now the respondents have non considered the petitioner representation and also the respondent took many documents and affidavits as directed by the respondent since the contents are not clearly in the sense of the petitioner as the petitioner is well educated and hence, some confirmation and acceptance affidavits are executed without proper knowledge even though it is a mistake of the petitioner but the same has been filed in accordance with the direction of the respondent No.2 only and not voluntarily and hence there is a need of direction against the respondents to issue suitable direction to the respondents to consideration the representation of the petitioner in respect of the said notification by this Hon'ble Court." 11. A plain reading of the above paragraph indicates that it does not find any specific mention of the affidavit affirmed by the petitioner. The same has been suppressed by the petitioner. Apart from making a statement that the respondent had “taken many documents and affidavits”, which were executed without proper knowledge, the petitioner had not made any averments to disclosed the execution of the affidavit in question or its contents. The petitioner has also not filed a copy of the affidavit with the present petition. There is no averment in the petition referring to any overlap of land or a joint survey as - 9 - HC-KAR NC: 2025:KHC:31122-DB WP No. 26969 of 2023 referred to in the affidavit in question. The fact that there was an issue regarding an overlap of land has not even been mentioned in the petition. 12. It is clear from the above that the petitioner has willfully suppressed vital material and has not approached this Court with clean hands. The order dated 24.05.2023 also indicates that the petitioner had withdrawn the writ petition after arguing the matter for sometime. It is apparent that the petitioner has decided to take a second chance after having attempted to seek orders in an earlier writ petition. The contention advanced by the learned counsel for the petitioner that he did not have a copy of the affidavit and therefore, could not mention the same, is insubstantial. Clearly the petitioner was aware of the affidavit affirmed by him and even if it is assumed that he did not have a copy of the same, it was necessary for him to have obtained it. However, the petitioner has chosen to file a petition by completely concealing the execution of the affidavit and the contents of the same. - 10 - HC-KAR NC: 2025:KHC:31122-DB WP No. 26969 of 2023 13. In view of the above, the present petition is dismissed with costs quantified at Rs.25,000/-, to be paid to the Karnataka State Legal Services Authority within a period of two weeks. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM List No.: 1 Sl No.: 12