- 1 - HC-KAR NC: 2025:KHC:49101-DB WP No. 33489 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 33489 OF 2025 (GM-MM_S) BETWEEN: SRI SHEKARAPPA S/O KALINGAPPA, AGED ABOUT 64 YEARS, R/AT DODDABYALADAKERE VILLAGE, MATTODU HOBLI, HOSADURGE TALUK, CHITRADURGA DISTRICT-577533. …PETITIONER (BY SRI. MANU SHANKAR S S, ADVOCATE) AND: 1. THE SECRETARY MINISTRY OF MINES, GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI-11001, 2. THE SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF KARNATAKA, BANGALORE-560 001. 3. THE CHAIRMAN, CENTRAL POLLUTION CONTROL BOARD, CBI-CUM -OFFICE COMPLEX, EAST ARJUN NAGAR, NEW DELHI-110032. 4. THE CHAIRMAN, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49101-DB WP No. 33489 of 2025 KARNATAKA STATE POLLUTION CONTROL BOARD, 6,7,8 AND 9TH FLOOR, PUBLIC UTILITY BUILDING, MG MARG, BANGALORE-560 001. 5. THE DIRECTOR OF MINES SAFETY, DIRECTORATE GENERAL OF MINES SAFETY, BALLARY SUB-REGION 31, INFANTRY ROAD, CANTONMENT, BELLARY-583104. 6. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHAVANA, RACE ROAD, BANGALORE-560001. 7. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, CHITRADURGA-577501. 8. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA-577501 9. THE THASILDAR, HOSADURGA TALUK, CHITRADURGA DISTRICT-577527. 10. M/S RANI SAMYUKTHA, DODDABYLADAKERE VILLAGE, HOSADURGA TALUK CHITRADURGA DISTRICT-577527 …RESPONDENTS (BY SRI. H SHANTHI BHUSHAN, DSGI FOR R1 SRI. K S HARISH, GA FOR R2, R5 TO R9 SRI. A MAHESH CHOWDHARY, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT Nos-1 TO 9 TO FORTHWITH CONSIDER AND TAKE APPROPRIATE ACTION UPON THE PETITIONERS REPRESENTATION DATED 08.07.2025 - 3 - HC-KAR NC: 2025:KHC:49101-DB WP No. 33489 of 2025 (ANNEXURE-E) IN ACCORDANCE WITH LAW AND TO INITIATE NECESSARY STEPS AGAINST THE 10TH RESPONDENT FOR VIOLATION OF THE TERMS AND CONDITIONS OF THE MINING LEASE AND ENVIRONMENTAL SAFEGUARDS 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. The petitioner has filed to present petition, inter alia, praying as under: a) Issue a writ of mandamus directing Respondent Nos.1 to 9 to forthwith consider and take appropriate action upon the petitioner's representation dated 08.07.2025 (Annexure-E), in accordance with law, and to initiate necessary steps against the 10th Respondent for violation of the terms and conditions of the mining lease and environmental safeguards. b) Issue a writ of mandamus restraining the 10th Respondent from carrying out mining operations in Survey No.59 and adjoining areas of Doddabyaladakere village, Mattodu Hobli, Hosadurga Taluk, Chitradurga District, in violation of statutory provisions, lease conditions, and environmental guidelines, pending due - 4 - HC-KAR NC: 2025:KHC:49101-DB WP No. 33489 of 2025 consideration of the petitioner's grievance by the competent authorities; c) Pass such other order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioner is essentially aggrieved by the mining operations being carried on by respondent no.10 on land, which the petitioner claims is adjacent to his land (land measuring 3 acres and 12 guntas falling in sy.no.59, Doddabyaladakere Village, Mattodu Hobli, Hosadurga Taluk, Chitradurga District). The petitioner claims that there is in fact a mining lease in respect of the land adjacent to the aforesaid land. He claims that the mining operations are being conducted in an illegal manner, resulting in air pollution, crop damage and ecological degradation. He submits that the fine dust and particles from the mining operations are settled on the foliage of the plantation and has reduced the crop yield and deteriorated the soil fertility. - 5 - HC-KAR NC: 2025:KHC:49101-DB WP No. 33489 of 2025 3. The petitioner states that he has also made representations to the concerned authorities with regard to the mining operations, but the respondents have not taken any action as yet. 4. In view of the above, we consider it apposite to dispose of the present petition by directing the Karnataka State Pollution Control Board [respondent no.4] as well as Deputy Director, Department of Mines and Geology, Chitradurga [respondent no.7] to consider the petitioner's representations and if it is found that the mining activities have been carried on illegally or in contravention of any of the prescribed standards, the concerned authorities shall take such steps as necessary, in accordance with law. 5. The present petition is, accordingly, disposed of. 6. Pending applications, if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND/List No.: 2 Sl No.: 8