Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34457-DB WP No. 24711 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD 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. 24711 OF 2025 (GM-MM-S)
BETWEEN:
1.
CHANNAIAH C H S/O CHANNAIAH, AGED ABOUT 50 YEARS, WORKING AS MANAGER, VYBHAV STONE CRUSHER, KOMMANAHALLI, MALUR TALUK, KOLAR DISTRICT-563130
…PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR ADVOCATE FOR SRI. AVINASH GOWDA G S.,ADVOCATE) AND:
1.
STATE OF KARNATAKA REP BY DEPUTY DIRECTOR, DEPT OF MINES AND GEOLOGY, VIDHANA SOUDHA, BENGALURU - 560001
2.
DEPUTY COMMISSIONER CHAIRMAN DISTRICT TASK FORCE, AUTHORITY FOR REGULATION AND LICENSING OF
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:34457-DB WP No. 24711 of 2025
CRUSHER UNITS, KOLAR - 563101.
3.
SENIOR GEOLOGIST MINERAL GEOLOGIST, DEPT OF MINES AND GEOLOGY, KOLAR 563101
…RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO(i) ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION / NOTICE ISSUED BY THE PETITIONER SEEKING CONSIDERATION OF HIS APPLICATION FOR ISSUANCE OF GRANT NOTIFICATION AND LEASE DEED FOR EXTRACTION OF ORDINARY BUILDING STONE AS PER REPRESENTATION / NOTICE DATED 06.03.2025 AND PRODUCED AS ANNEXURE-A, AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:34457-DB WP No. 24711 of 2025
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. Issue notice.
2. The learned Additional Government Advocate accepts notice for the respondents.
3. The petitioner has filed the present petition being aggrieved on account of the respondent authorities not disposing of the petitioner’s application for grant of a quarrying lease.
4. The petitioner had preferred a writ petition in W.P.No.45472- 45475/2015 (GM-MM-S) which was disposed of by a Co-ordinate Bench of this Court on 05.11.2015. The operative part of the said
order reads as under:
"5. Irrespective of pendency of the proposed amendment of the said Rules, we direct the respondent No.2 to dispose of the applications of the writ petitioners for grant of quarrying lease within a month from the date of communication of this order."
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HC-KAR NC: 2025:KHC:34457-DB WP No. 24711 of 2025
5. It is contended that notwithstanding specific directions, the application was not disposed of. The petitioner states that he had not pursued the applications, since a criminal case was lodged against the petitioner. He has since been acquitted and therefore had called upon respondent No.2 to consider his application.
6. In view of the aforesaid submission, we consider it apposite to dispose of the present petition by directing respondent No.2 to consider the application filed by the petitioner as expeditiously as possible, and to communicate its decision to the petitioner.
7. We clarify that we have not expressed any opinion on the merits of the petitioner's claim or the legal framework within which the same is required to be considered.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
KS List No.: 1 Sl No.: 11