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2025 DAILYLAW 80464 (KAR)

HUCHIRE GOWDA v. THE STATE OF KARNATAKA

WP/29853/2025 · 2025-10-16

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41132-DB WP No. 29853 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH 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. 29853 OF 2025 (GM-MM-S) BETWEEN: 1. HUCHIRE GOWDA S/O HALAGEGOWDA AGED ABOUT 67 YEARS 2. HUCHIRE GOWDA S/O EREGOWDA AGED ABOUT 75 YEARS 3. HALAGEGOWDA S/O MUDDEGOWDA AGED ABOUT 76 YEARS 4. RUDRESH S/O EREGOWDA AGED ABOUT 68 YEARS 5. LAKSHMAMMA W/O MALLEHAPPA AGED ABOUT 66 YEARS 6. SHIVAKUMAR S/O HUCHIRE GOWDA AGED ABOUT 39 YEARS (PETITIONERS NOs.1 TO 6 ARE R/O: BALANA KOPPALU, KASABA HOBLI Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41132-DB WP No. 29853 of 2025 NAGAMANGALA TALUK, PADAVALPATNA MANDYA DISTRICT - 571 432. 7. K. KRISHNEGOWDA S/O CHIKKABOREGOWDA AGED ABOUT 60 YEARS R/A: BASAVESHVARANAGARA K.R. PETE ROAD, KANTHAPURA POST BASAVESHWANAGARA GRAMA NAGAMANGALA TALUK MANDYA DISTRICT - 571 432. …PETITIONERS (BY SRI. VINAY D. HOSMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS DIRCTOR DEPARTMENT OF MINES AND GEOLOBY No.49, KHANIJA BAVAN RACE COURSE ROAD BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER MANDAYA DISTRICT MANDYA - 571 401. 3. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB-DIVISION MANDAYA DISTRICT, MANDYA - 571 401. 4. THE THASILDAR, NAGAMANGALA TALUK, MANDYA DISTRICT, MANDYA-571 401. 5. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY - 3 - HC-KAR NC: 2025:KHC:41132-DB WP No. 29853 of 2025 KHANIJA BHAVANA, MANDYA DISTRICT MANDYA - 571 401. …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 OF MANDAMUS DIRECTING THE RESPONDENTS No.2 TO 4 TO CONSIDER THE REPRESENTATION BY THE PETITIONERS DATED 05.03.2025 VIDE ANNEXURES-F, F1, F2 AND F3 AND ALSO REPRESENTATION DATED 08.05.2025 VIDE ANNEXURE-G & 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. 2. Learned Additional Government Advocate accepts notice for the respondents. 3. Petitioners have filed the present petition, inter alia praying as under: "Wherefore, this Hon'ble Court be pleased to call for records and to issue:- - 4 - HC-KAR NC: 2025:KHC:41132-DB WP No. 29853 of 2025 a) a writ of mandamus directing the respondents 2 to 4 to consider the representations by the petitioners dated 05.03.2025 vide Annexures F, F1, F2 & F3 and also representation dated 08.05.2025 vide Annexure-G. b) any other writ or order appropriate in the circumstances of the case and c) award costs in the interest of justice and equity." 4. It is the petitioners' case that grant of mining leases in Survey No.54 of Sankanahalli village Nagamangala Taluk, Mandya District would affect the petitioners and their livelihood. 5. We consider it apposite to dispose of the present petition by directing the respondents to consider the representation made by the petitioners, and take an informed decision, at the earliest. 6. Petition is disposed of accordingly. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KS List No.: 1 Sl No.: 19