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2025 DAILYLAW 74905 (KAR)

M/S MAHADESHWARA GRANITES v. THE STATE OF KARNATAKA

WP/28720/2025 · 2025-10-23

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41682-DB WP No. 28720 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD 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. 28720 OF 2025 (GM-MM-S) BETWEEN: 1. M/S. MAHADESHWARA GRANITES NO. 46, VIJAYANAGARA 3RD STAGE 'B' BLOCK, MYSURU - 570 030 REPRESENTED BY ITS PROPRIETRIX - SMT. RASHMI H.D. …PETITIONER (BY SRI PRITHVEESH M.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES REPRESENTED BY ITS PRINCIPAL SECRETARY 5TH FLOOR, M.S BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41682-DB WP No. 28720 of 2025 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR - 571 313. 4. THE DEPUTY COMMISSIONER, CHAMARAJANAGAR DISTRICT DC COMPLEX CHAMARAJANAGAR - 571 313. 5. THE TAHASILDAR CHAMARAJANAGAR TALUK CHAMARAJANAGAR DISTRICT - 571 313. 6. THE TALUK SURVEYOR CHAMARAJANAGAR TALUK CHAMARAJANAGAR DISTRICT - 571 313. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER DIRECTING THE 4TH RESPONDENT TO ALLOT THE PROPERTY TO THE PETITIONER WHICH HIGHLIGHTED IN 'ORANGE' BY THE 6TH RESPONDENT IN REPORT DATED 20.07.2025 (ANNEXURE-H) FOR THE PURPOSE OF QUARRYING BY CONSIDERING THE PETITIONER'S REPRESENTATION DATED 10.06.2025 RECEIVED ON 15.06.2025 (ANNEXURE-G) WITHIN AN OUTER LIMIT OF 2 WEEKS & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:41682-DB WP No. 28720 of 2025 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. 2. Mr. K.S. Harish, the learned Government Advocate accepts notice for the respondents. 3. The petitioner has filed the present petition, inter alia, praying as under: "Issue a writ or order directing the 4th respondent to 'Allot' the property to the petitioner which highlighted in 'Orange' by the 6th respondent in the report dated 20.07.2025 (Annexure-H) for the purpose of quarrying by considering the petitioner's representation dated 10.06.2025 received on 15.06.2025 (Annexure-G), within an outer limit of two weeks, to meet the ends of justice." 4. It is the petitioner's case that on 04.06.2025, the Senior Geologist, Department of Mines and Geology issued a quarry licence which was accompanied by a sketch indicating the area in respect of which the petitioner was permitted to quarry ornamental black Granite. In between the two areas that are reflected in the - 4 - HC-KAR NC: 2025:KHC:41682-DB WP No. 28720 of 2025 sketch, there exists a Halla (Ravine or Rivulet). It is the petitioner's case that the said strip of land is no longer a ravine or a rivulet and therefore, all permissions are required to be modified after considering the nature of the said land. The petitioner's case is that although this strip of land in question has been reflected as a Ravine, it is now a flat land. 5. Since the petitioner's limited prayer is for its representation to be considered, we do not consider it apposite to examine the other contentions as raised in the petition. The same may be examined by the concerned authorities. 6. We consider it apposite to dispose of the petition by directing the concerned authorities to consider the petitioner's representation. 7. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS, List No.: 1 Sl No.: 6