Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41975-DB WP No. 31539 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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. 31539 OF 2025 (GM-MM_S) BETWEEN:
SRI B N YOGESH S/O. SRI. NINGAYA, AGED ABOUT 38 YEARS, R/AT. LAKSHMI NIVASA, HALU GANGAPPA LAYOUT, C.B. KALLU, NAGASANDRA POST, BENGALURU - 560073 …PETITIONER (BY SRI. BHAT GANAPATHI NARAYANA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPLE SECRETARY
2.
THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560001
Digitally signed by NIRMALA DEVI Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:41975-DB WP No. 31539 of 2025
3.
THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY BANGALORE RURAL DISTRICT, V.V. TOWER, DR.B.R. AMBEDKAR VEEDHI, BENGALURU - 560001 …RESPONDENTS (BY SRI. K S HARISH, GA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY APPROPRIATE ORDER OR DIRECTION BY DIRECTING THE RESPONDENT No. 1 AND 2 TO CONSIDER THE RECOMMENDATION LETTER DATED 07.04.2025 WRITTEN BY THE RESPONDENT No. 3 TO THE RESPONDENT No. 2 FOR APPROVAL OF THE PETITIONER APPLICATION DATED 07.03.2013 FOR GRANT OF QUARRY APPLIED AREA IN RESPECT OF THE SCHEDULE PROPERTY, AS PER ANNEXURE-L AND CONSIDER THE REPRESENTATION DATED 15.09.2025 GIVEN BY THE PETITIONER FOR GRANT OF QUARRY APPLIED AREA IN RESPECT OF THE SCHEDULE PROPERTY WITHIN TIME A FRAME PERIOD, AS PER ANNEXURE-M, IN THE INTEREST OF JUSTICE AND EQUITY AND 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. Issue notice.
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HC-KAR NC: 2025:KHC:41975-DB WP No. 31539 of 2025
2. Learned Additional Government Advocate accepts notice for respondents.
3. The petitioner has filed the present petition inter alia praying as under: Issue a Writ of Mandamus or any appropriate
order or direction by directing the respondent no. 1 and 2 to consider the recommendation Letter dated 07.04.2025 written by the respondent No.3 to the respondent No.2 for approval of the petitioner application dated 07.03.2013 for grant of quarry applied area in respect of the schedule property, as per Annexure-L AND consider the Representation dated 15.09.2025 given by the petitioner for grant of quarry applied area in respect of the schedule property within time a frame period, as per annexure-m, in the interest of justice and equity. Grant such any other and further reliefs as this Hon'ble Court deems fit to grant on the facts and circumstances of the case, in the interest of justice and equity.
4. The petitioner submits that he has filed the application dated 07.03.2013 for grant of quarrying lease/licence for building stone for a period of 5 years, in respect of area measuring 2 acres and 25 guntas in Sy.No.25 at Makenahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. It is stated that thereafter the Assistant Commissioner had issued a No Objection
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HC-KAR NC: 2025:KHC:41975-DB WP No. 31539 of 2025
Certificate (hereafter referred as 'NOC') for grant of the said lease/license. The Deputy Commissioner had also issued an NOC for grant of a quarrying lease in favour of the petitioner. Additionally, the Range Forest Officer had also communicated an NOC for grant of a quarrying lease in terms of a letter dated
02.01.2025.
5. It is submitted that the Senior Geologist has also furnished his recommendations in terms of the communication dated
07.04.2025. It is contented that the petitioner has received all requisite NOC from Revenue as well as Forest Department. However, no further steps have been taken for grant of quarrying lease. However, the same has not been considered.
6.
Learned counsel appearing for the respondents submits that the concerned authorities shall consider the petitioner's representation, if not already considered, within a period of six weeks from date. Respondents are bound down to the said statement.
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HC-KAR NC: 2025:KHC:41975-DB WP No. 31539 of 2025
7. No further orders are required to be passed in the petition. The same is disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 10