- 1 - HC-KAR NC: 2025:KHC:37450-DB WP No. 25029 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 25029 OF 2024 (GM-MM_S) BETWEEN: M/S. GANAPATHY GRANITE IMPLEX PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT NO.22B, HOSKOTE INDUSTRIAL AREA, HOSKOTE-562 114. BENGALURU DISTRICT, REP. BY ITS DIRECTOR & AUTHORIZED REP. OF BOARD OF DIRECTORS MR. M K GANAPATHY, AGED ABOUT 55 YEARS, S/O M P KUTTAPPA. …PETITIONER (BY MS. KUSUMA R PRASAD, ADVOCATE FOR SRI L.M CHIDANANDAYYA, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE & INDUSTRIES, (SSI TEXTILE AND MINES), 1ST FLOOR, VIKASA SOUDHA, BENGALURU-560 001. 2. THE DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37450-DB WP No. 25029 of 2024 BENGALURU-560 001 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE IMPUGNED ORDER DATED 26/06/2024 BY THE 1ST RESPONDENT IN NO.CI 56 MMN 2018 REJECTING THE APPLICATION OF THE PETITIONER FOR GRANT OF QUARRYING LEASE IN RESPECT OF THE SCHEDULE PROPERTY 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 JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition impugning an order dated 26.06.2024 passed by respondent No.1, whereby the petitioner's application for grant of quarrying lease in respect of land measuring 8 acres [comprised in Survey No.43, Darburu Village, Chikkaballapura Taluk and District] was rejected. 2. The impugned order indicates that the petitioner's application was rejected on account of various allegations, including that the petitioner had violated export conditions and also relaxation given to Export Oriented Units under Rule 3-G of the Karnataka Minor - 3 - HC-KAR NC: 2025:KHC:37450-DB WP No. 25029 of 2024 Minerals Concession Rules, 1994. In view of the alleged past violations, the concerned authority had observed the old adage, "Once Bitten Twice Shy", and rejected the petitioner's application. 3. The notices issued to the petitioner for a hearing did not even remotely suggest consideration of any prior violations. They even did not set out any ground on which the petitioner's application was proposed to be rejected. 4. In the aforesaid context, we find merit in the contention that the petitioner has not been afforded any effective hearing by respondent No.1 to meet the allegations on the basis of which the impugned order has been passed. 5. In view of the above, we set aside the impugned order and remand the matter to respondent No.1 to consider afresh, after affording the petitioner an opportunity to be heard. 6. The petitioner is at liberty to file its response to the allegations set out in the impugned order within a period of three weeks from date. - 4 - HC-KAR NC: 2025:KHC:37450-DB WP No. 25029 of 2024 7. Respondent No.1 shall consider the same and pass an appropriate order, after affording the petitioner an opportunity to be heard. 8. The writ petition is disposed of, accordingly. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 46