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2025 DAILYLAW 70872 (KAR)

SRI RAKSHITH K S v. STATE OF KARNATAKA

WP/28720/2024 · 2025-11-05

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44980 WP No. 28720 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28720 OF 2024 (GM-RES) BETWEEN: SRI RAKSHITH K S, S/O K R SOWMYANARAN, AGED ABOUT 23 YEARS, R/AT GOLLAHALLI VILLAGE, NEAR ANJANEYA TEMPLE, CHIKKANAHALLI POST, TAVAREKERE HOBLI, BANGALORE NORTH TALUK, BANGALORE-562130 …PETITIONER (BY SRI B V VIDYULATHA, ADVOCATE) AND: 1. 2. 3. 4. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001. BY ITS CHIEF SECRETARY. DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 313. JOINT CHIEF CONTROLLER OF EXPLOSIVES, MINISTRY OF COMMERCE AND INDUSTRY, PETROLEUM & EXPLOSIVES SAFETY ORGANIZATION, 5TH FLOOR, 'A' BLOCK, CGO COMPLEX, SEMINARY HILLS, NAGPUR-440 006. CHIEF CONTROLLER OF EXPLOSIVES, NO.26, HADOS ROAD, SUBBA ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44980 WP No. 28720 of 2024 5. 6. AVENUE NUGUMBAKAM, CHENNAI, TAMILNADU-600 006. KOTHALAVADI GRAMA PANCHAYATH, KOTHALAVADI VILLAGE, HARAVE HOBLI-571 128, CHAMARAJANAGARA TALUK & DISTRICT, BY ITS PANCHAYAT DEVELOPMENT OFFICER. SRI ESWARAM.M, S/O MATHAPPAN, OCCUPIER, M/S. SRI SENTHUR EXPLOSIVES, 1ST FLOR, SRI BANANA, OPP. JUNIOR COLLEGE, KARINANJANAPURA ROAD, CHAMARAJANAGAR DISTRICT-571 313. …RESPONDENTS (BY SRI SIDDARTHA BABURAO, AGA FOR R-1 & R-2; SRI MADHUKAR DESHPANDE, ADVOCATE FOR R-3 & R-4; SRI L.M CHIDANANDAYYA, ADVOCATE FOR R-6; R-5 SERVED & UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOC DATED 06.06.2024 BEARING NO. CRDC-ALMOMAG/83/2023 -N ADM (E- 255983) DC CHAMRAJNAGAR AT ANNEXURE-F TO THE WRIT PETITION ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. "Issue a Writ of Certiorari or any other similar Writ or Order or Direction quashing the NOC dated 06.06.2024 bearing No. CRDC-ADMOMAG/83/2023 - 3 - HC-KAR NC: 2025:KHC:44980 WP No. 28720 of 2024 ADM (E-255983) DC CHAMRAJNAGAR at ANNEXURE - F to the Writ Petition. b. Issue a Writ of Mandamus or any other similar Writ or Order or Direction directing the Respondents to not permit the 6th Respondents to put up any Godown or any other structure to store explosives over any portion of land in Sy.No.197/1 of Kothalvadi Village, Haravi Hobli, Chamarajanagar Taluk and District. c. Pass any such other order or direction that this Hon'ble Court dismiss if it in the facts and circumstances of the case and in the interest of justice and equity. 2. During the pendency of the above matter, the petitioner has sold half of the property belonging to the petitioner to the son of respondent No.6 and half of the property to the impleading applicant in IA No.2/2025, leaving the petitioner with no property and as such no grievance could be agitated by the pe against respondent No.6. Hence, the petition cannot be continued. 3. Insofar as impleading applicants are concerned, if they have any cause of action or any grievance, they can always agitate the same in separate proceedings - 4 - HC-KAR NC: 2025:KHC:44980 WP No. 28720 of 2024 and not in a proceeding where the petitioner himself has lost his right to continue the matter. 4. IA No.3 of 2025 has been filed by another adjoining landowners. The impleading applicant cannot be brought on record as respondent and agitate their grievance against co-respondents. In that view of the matter, reserving liberty to the impleading applicants in IA No.3 of 2025 to file such proceedings as may be advised. IA No.3 of 2025 stands disposed. 5. In that view of the matter, the petition stands disposed of, so also the impleading application stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 77