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2025 DAILYLAW 80588 (KAR)

SRI SYED KABEER HASHMI v. STATE OF KARNATAKA

WP/8322/2025 · 2025-07-28

C M Joshi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28828-DB WP No. 8322 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 8322 OF 2025 (GM-MM-S) BETWEEN: 1. SRI SYED KABEER HASHMI PARTNER, AGED ABOUT 62 YEARS MAHABALESHWARA MINING INDUSTRY NO.B-45, CANTONMENT OLD MARKET ROAD BELLARY REPRESENTED BY HIS GPA HOLDER SRI. GOPAL KRISHNA. H.H. S/O. HARIYA NAIK AGED ABOUT 46 YEARS R/AT. HANUMANAHALLI ECHAGATTA POST DAVANAGERE - 577 001 …PETITIONER (BY SRI LAXMINARAYANA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF INDUSTRY AND COMMERCE M.S. BUILDING, DR. AMBEDKAR VEEDHI BANGALORE - 560 001 2. THE DIRECTOR MINES AND GEOLOGY DEPARTMENT Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28828-DB WP No. 8322 of 2025 KHANIJA BHAVAN RACE COURSE ROAD BANGALORE - 560 001 3. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY NO. 1948, FRONT OF ANJANEYA TEMPLE VIDYANAGAR DAVANAGERE - 577 001 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NOS.1 AND 2 TO GRANT AT LEAST SIX MONTHS TIME FOR THE PETITIONER TO TRANSPORT THE EXCAVATED MINERAL IN MINING LEASE NO.1942 OF SY.NO.60, MARENAHALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT & 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 JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent Nos.1 and 2 to grant at least six months time for the petitioner to transport the minerals that were excavated in the area pertaining to Mining - 3 - HC-KAR NC: 2025:KHC:28828-DB WP No. 8322 of 2025 Lease No.1942 in Survey No.60, Marenahalli Village, Jagalur Taluka, Davangere District. 2. The petitioner’s case is that the aforementioned mining lease was granted on 14.06.1984 and the petitioner had been carrying on mining activities for a period of twenty years over the area measuring 38.44 Hectares. The said lease was periodically renewed and came to an end on 31.03.2020. The petitioner claims that during subsistence of the lease, the petitioner had excavated iron ore from the leased area which could not be transported during this period for various reasons, including the outbreak of pandemic and ill-health of the petitioner. The petitioner also submits that he is facing financial difficulties and, therefore, could not arrange for transportation. 3. In the aforesaid context, the petitioner had made representations, including representation dated 17.12.2024, to permit the petitioner to remove the excavated minerals. It is the petitioner's grievance that the said representations have not been considered. In the present petition, notice was issued on 24.06.2025. - 4 - HC-KAR NC: 2025:KHC:28828-DB WP No. 8322 of 2025 4. Considering that the petitioner's prayer is an innocuous one, that is to consider the representations, we do not consider it apposite to defer the present petition. We consider it apposite to direct the respondents to consider the petitioner's representation and take an informed decision. We clarify that we have not expressed any opinion on the merits of the petitioner's claim. The representation shall be disposed of as expeditiously as possible; and preferably within a period of two months from date. 5. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 19