- 1 - HC-KAR NC: 2025:KHC:29331 WP No. 23574 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.23574 OF 2024 (KLR-LG) BETWEEN: SRI H L UMESH S/O LOKAPPA GOWDA, AGED ABOUT 47 YEARS, PROP OF M/S SRI SIDDIVINAYAKA STONE CRUSHER, R/AT WARD NO. 1, TENKABYLU VILLAGE, HOSANAGARA TALUKA 577 418 SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI. RAVINDRA GAJANAN KOLLE., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, VIDHAN SOUDHA, BENGALURU. BENGALURU - 560 001. 2. THE SECRETARY TO GOVT DEPARTMENT OF REVENUE, VIKASA SOUDHA, DR B R AMBEDKAR ROAD, BENGALURU - 560 001. 3. THE DEPUTY COMMISSIONER O/O THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT. SHIVAMOGGA - 577 201. 4. THE SENIOR GEOLOGIST & MEMBER SECRETARY DMG, KHANIJ BHAVAN, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29331 WP No. 23574 of 2024 INSPIRA CITY LAYOUT, C BLOCK, KUVEMPU NAGAR, SHIVAMOGGA DISTRICT 577 201. …RESPONDENTS (BY SRI. SESHU V., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO QUASH OR SET ASIDE THE ENDORSEMENT DTD.16.08.2024 AT NO.MAG(6)/MISC5/2023-24/260216 ISSUED BY R-3 DEPUTY COMMISSIONER PRODUCED AT ANNX-A DECLINING TO GRANT THE LEASE OF LAND TO AN EXTENT OF 01.00 ACRE IN SY.NO.9 OF TENKABYLU VILLAGE, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT, AS PER RULE 19(1) (d) OF THE KARNATAKA LAND GRANT RULES 1969 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner submits that earlier the petitioner was before this Court in W.P.No.10541 of 2024 seeking a writ of mandamus directing the Deputy Commissioner to consider the representations given by the petitioner to lease out 1 acre of land in Survey No.9 of Tenkabylu Village, Hosanagara Taluk, Shivamogga District, in terms of Rule 19(1)(d) of the Karnataka Land Grant Rules, 1969. It was contended that the petitioner is a holder of a stone crusher licence in - 3 - HC-KAR NC: 2025:KHC:29331 WP No. 23574 of 2024 Form-C to produce M-sand (manufactured sand) and he also has a quarry licence in Form- E. This court disposed of the petition on 22.04.2024 directing the Deputy Commissioner to consider the representations given by the petitioner, within a period of two months. Pursuant to the said directions, the Deputy Commissioner has issued the impugned endorsement dated 16.08.2024 at Annexure-A observing that in terms of the information received from the Department of Mines and Geology, the petitioner is in arrears of payment of nearly Rs.25,20,000/-. 2. Learned counsel for the petitioner submits that the decision of the Deputy Commissioner under the provisions of the Karnataka Land Grant Rules, has to be taken independently, unconcerned with the quarry activities or the stone crusher activity of the petitioner. Even otherwise, it was brought to the notice of the Deputy Commissioner that the petitioner has challenged the notice issued by the Senior Geologist, on the ground that the petitioner has never transported the stones although the - 4 - HC-KAR NC: 2025:KHC:29331 WP No. 23574 of 2024 stones were quarried but left in the quarry itself. It is therefore submitted that the Deputy Commissioner cannot be permitted to link the two issues to the request made for grant of land. The consideration of the Deputy Commissioner has to be confined to the provisions of the Karnataka Land Grant Rules and not to any extraneous consideration. 3. There is substance in the submission made by the learned counsel for petitioner. Even if it is a fact that notice has been issued to the petitioner raising certain demands at the hands of the Senior Geologist in respect of the quarry of the petitioner, the petitioner has raised a challenge before the Joint Director of Mines and Geology, who is the revising authority. As and when orders are passed by the Revising authority considering the challenge raised by the petitioner, the petitioner would be bound by such orders. As rightly submitted by the learned counsel for petitioner, the request made by the petitioner for grant of 1 acre of land for the purpose of storing M-sand in view - 5 - HC-KAR NC: 2025:KHC:29331 WP No. 23574 of 2024 of the crusher licence at the hands of the petitioner, could not have been rejected on such grounds. 4. For the reasons stated above, the writ petition is allowed, while setting aside the impugned order at Annexure-A passed by the 3rd respondent-Deputy Commissioner, Shivamogga District. The matter stands remitted back to the 3rd respondent - Deputy Commissioner, Shivamogga District to reconsider the request made by the petitioner for lease of 1 acre of land for the purposes as prayed for in the light of the observations made by this Court. The Deputy Commissioner shall pass necessary orders after hearing the petitioner once again, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL