- 1 - HC-KAR NC: 2025:KHC:54120-DB WP No. 38121 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 38121 OF 2025 (GM-MM-S) BETWEEN: 1. SRI N.B. NAGAPPA S/O LATE BASAPPA AGED ABOUT 77 YEARS RESIDING AT MALAMBI VILLAGE AND POST SHANIVARASANTHE HOBLI SOMWARPET TALUK KODAGU DISTRICT - 571 236 …PETITIONER (BY SRI DIGANTH JAIN, ADVOCATE FOR SRI NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES (MINES) VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU, KARNATAKA - 560 001 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54120-DB WP No. 38121 of 2025 NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU KARNATAKA - 560 001 3. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE KODAGU DISTRICT MADIKERI KARNATAKA - 571 201 4. THE DEPUTY CONSERVATOR OF FORESTS MADIKERI DIVISION ARANYA BHAVAN MYSORE ROAD, MADIKERI KODAGU DISTRICT KARNATAKA - 571 201 5. THE SENIOR GEOLOGIST AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY MADIKERI KODAGU DISTRICT - 571 201 …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 IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE IMPUGNED SUSPENSION DATED 20.11.2025 BEARING No.GaBhoomi/HiBhooVi/(Ko)/Notice/2025-26/1244 PASSED BY THE RESPONDENT No. 5 (VIDE ANNEXURE-Q) & ETC. - 3 - HC-KAR NC: 2025:KHC:54120-DB WP No. 38121 of 2025 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. The petitioner has filed the present petition, inter alia, impugning an order dated 20.11.2025 issued by respondent No.5 directing the petitioner to suspend the quarrying operations. 2. The petitioner states that on 20.05.2008, he was granted quarrying lease (QL No.494) for extracting building stone over an area measuring 0.5 acres falling in Survey No.1/5 of Malambi Village, Somwarpet Taluk, Kodagu District [subject land]. The term of the original lease was valid for five years which expired on 17.06.2013. 3. The petitioner applied for renewal of the said lease. However, the same was not granted immediately. It is stated that there was some confusion whether the subject land fell under the category of 'C and D lands' which are reserved for social forestry. - 4 - HC-KAR NC: 2025:KHC:54120-DB WP No. 38121 of 2025 The petitioner states that finally, on 25.08.2015, the Deputy Range Forest Officer inspected the spot and reported that the petitioner's subject land (0.5 acres in Survey No.1/5) fell in the revenue paisari portion and was at a distance of 1200 feet from human inhabitation. It is stated that there were 204.04 acres of paisari (government waste land); within that, 100 acres of land had been reserved for gomal (grazing land); and 83.23 acres were reserved as C and D lands. Apart from this 183.23 acres reserved for the said purpose, the remaining area was free. 4. The petitioner states that thereafter the Range Forest Officer furnished report dated 03.09.2015 confirming that the quarry was at a distance from the reserve forest and there is no threat to wildlife. He claims that on 28.01.2022, the State Level Environment Impact Assessment Authority also granted the Environmental Clearance which is valid for five years. Thereafter, on 20.05.2022, respondent No.5 renewed the quarry lease for a period of twenty years from 18.06.2008. Thus, the same is valid till 17.06.2028. 5. The petitioner's quarrying activities have been suspended by virtue of the impugned order. Prior to the said order, the Range Forest Officer had issued a notice dated 19.09.2025. - 5 - HC-KAR NC: 2025:KHC:54120-DB WP No. 38121 of 2025 6. A plain reading of the impugned order indicates that the suspension order has been issued for two reasons. First that RTC records of Survey No.1/5 referred to the total extent of 199.44 acres as betta paisari but, the Jamabandi of the said survey number records 261.23 acres as paisari forest. Thus, the land is forest land and is required to be protected. The second reason is that the mining lease has already been issued to another person named, Nagappa of Malambi Village. We note that respondent No.5 has directed that the facts as set out in the suspension notice be presented to the District Task Force (Mines) Committee and action will be taken thereafter. 7. In view of the above, we consider it apposite to dispose of the present petition by directing the District Task Force (Mines) Committee to examine the relevant facts and take an informed decision as expeditiously as possible, in any event, within a period of eight weeks from date after affording the petitioner an opportunity to be heard. 8. We clarify that all rights and contentions of the parties are reserved. - 6 - HC-KAR NC: 2025:KHC:54120-DB WP No. 38121 of 2025 9. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.: 5