Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28573-DB WP No. 18830 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH 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. 18830 OF 2025 (GM-MM-S) BETWEEN:
1.
M/S JANAPRIYA RMC NO-90, BASEMENT-01, 1ST MAIN ANJENYA TEMPLE, ASHWATH NAGAR RMV EXTENSION, 2ND STAGE BENGALURU - 560 094 REPRESENTED BY ITS PARTNER MR. GAJENDRA BABU.R SON OF MR. RAJANNA AGED ABOUT 41 YEARS. …PETITIONER (BY SRI MAHENDRA S.S, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY (MINES) DEPARTMENT OF COMMERCE AND INDUSTRIES VIKAS SOUDHA, 1ST FLOOR BENGALURU - 560 001.
2.
THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560 001.
Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:28573-DB WP No. 18830 of 2025
3.
THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY JILLADALITHA BHAVAN PATTENAHALLI SIDLAGATTA ROAD CHIKKABALAPURA - 562 101. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT NO.3 - DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, CHIKKABALLAPURA, TO FORTHWITH CONSIDER AND ACT UPON THE REPRESENTATION DATED 26/05/2025 (ANNEXURE-A), RESTORE THE QUARRY LEASE BEARING QL NO.267 IN THE INTEGRATED LEASE MANAGEMENT SYSTEM (ILMS), AND ISSUE MINERAL DISPATCH PERMITS (MDPs) IN COMPLIANCE WITH THE
ORDER DATED 15/05/2025 (ANNEXURE-B) PASSED BY THIS HON'BLE COURT IN W.P. NO.12382/2025 & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:28573-DB WP No. 18830 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. The petitioner has filed the present petition, inter alia, praying as under:
"a) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing respondent No.3 - Deputy Director, Department of Mines and Geology, Chikkaballapura, to forthwith consider and act upon the representation dated 26.05.2025 (Annexure-A), restore the quarry lease bearing QL No.267 in the Integrated Lease Management System (ILMS), and issue Mineral Dispatch Permits (MDPs) in compliance with the order dated 15.05.2025 (Annexure-B) passed by this Hon'ble Court in W.P.No.12382/2025. b) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interests of justice and equity."
2. In terms of the show cause notice dated 06.06.2025, the petitioner was called upon to submit an explanation within a period of 30 days, as to why Quarry Lease No.267 granted
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HC-KAR NC: 2025:KHC:28573-DB WP No. 18830 of 2025
over 7-20 acres in Survey No.11, Jonnalakunte Village, Chikkaballapura Taluka and District should not be cancelled.
3. This Court is informed that a hearing was held before the concerned authority on 19.07.2025 and the petitioner had sought further two weeks' time to respond to the said notice.
4. Since the matter is under consideration of the concerned authority, we do not consider it apposite to entertain the present petition at this stage. However, we direct that the petitioner shall respond to the show cause notice within the time period as sought by the petitioner. We also direct the concerned authority to pass an appropriate order after affording the petitioner an opportunity to be heard within a period of two weeks after the petitioner submits his response to the show cause notice.
5. We clarify that nothing stated in this order shall be construed as an expression of opinion on the merits of the allegations or the petitioner’s defence. It will also be open for the petitioner to seek permission, for transporting the
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HC-KAR NC: 2025:KHC:28573-DB WP No. 18830 of 2025
extracted minerals, from the concerned authority, during the interregnum period.
6. The petition is, accordingly, disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
KPS List No.: 1 Sl No.: 10