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2025 DAILYLAW 70868 (KAR)

AFROZ AHAMED KHAN v. THE STATE OF KARNATAKA

WP/20909/2025 · 2025-08-19

C M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32336-DB WP No. 20909 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 20909 OF 2025 (GM-MM-S) BETWEEN: 1. AFROZ AHAMED KHAN S/O LATE IBRAHIM KHAN AGED ABOUT 58 YEARS R/AT NO. 5/78 AHAMED NAGAR MOHALLA CHAMARAJANAGAR TOWN CHAMARAJANAGAR DISTRICT - 571 313. …PETITIONER (BY SRI K. RAVISHANKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU - 560 001. 2. THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY KHANIZA BHAVAN RACE COURSE ROAD BENGALURU - 560 001. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32336-DB WP No. 20909 of 2025 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT - 571 313. 4. THE DEPUTY COMMISSIONER, CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT - 571 313. 5. THE ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION KOLLEGALA CHAMARAJANAGAR DISTRICT - 571 440. 6. THE TAHASILDAR, KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT - 571 440. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED COMMUNICATION DATED 11/07/2024 BEARING NO.CRDC-REV0IND/22/2024 ISSUED BY THE 4TH RESPONDENT (PRODUCED VIDE "ANNEXURE-G") TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32336-DB WP No. 20909 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. The petitioner has filed the present petition, inter alia, praying as under: "i) Issue a writ of certiorari and quash the impugned communication dated 11/07/2024 bearing No.CRDC- REVOIND/22/2024 issued by the 4th respondent (produced vide “Annexure - G") to the writ petition and, ii) Issue a writ of mandamus directing the respondent No.4 to consider the representation dated 23/04/2025 and also the representation dated 18/06/2025 submitted by the petitioner (produced vide “Annexure-J & J1”) to the writ petition and, iii) Issue any other writ, order or direction and such other and further relief as this Hon’ble Court deems fit in the facts and circumstances of the case, in the ends of justice." 2. The petitioner is essentially aggrieved by the order dated 11.07.2024, whereby the petitioner’s requests for grant of permission for quarrying and transportation of Decorative Black Stone, was kept in abeyance. The said order was passed on the basis that the subject land [comprising in Survey No.722/2 measuring 3.18 acres situated at Amachavadi Village, - 4 - HC-KAR NC: 2025:KHC:32336-DB WP No. 20909 of 2025 Haradanahalli Hobli, Chamarajanagar Taluk], was alienated in violation of the conditions of grant. Pursuant to the said order, the petitioner’s application has not been processed. The petitioner has also made representations dated 23.04.2025 and 18.06.2025 to respondent No.4, however, the said representations have not been considered. 3. We are, prima facie, of the view that the petitioner's application is either required to be rejected, if there are grounds for such rejection, or accepted. It is apposite to keep the same in abeyance. 4. In view of the above, we direct respondent No.4 to consider the petitioner's representations and pass such orders as the authority deems fit, as expeditiously as possible and preferably within a period of eight weeks. 5. The petition is disposed of with the aforesaid directions. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KPS List No.: 1 Sl No.: 61