- 1 - HC-KAR NC: 2025:KHC:31848-DB WP No. 23184 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 23184 OF 2025 (GM-MM_S) BETWEEN: SUBHASH, S/O MALLU KANKONKAR, AGED ABOUT 68 YEARS, OCC: BUSINESS, R/O HP NO.17, RAMNAGAR, TAL: JOIDA DIST: KARWAR (U.K) 581453. JAYRAJK648@GMAIL.COM 9632042363 …PETITIONER (BY SRI ABHIJEET S KANKONKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, VIDHAN SOUDHA, BENGALURU-560 001. 2. THE SECRETARY OF GOVERNMENT, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA, BENGALURU-560 001. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31848-DB WP No. 23184 of 2025 3. THE DIRECTOR AND COMMISSIONER, DEPT. OF MINES AND GEOLOGY, KHANIJ BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. 4. DISTRICT SAND MONITORING COMMITTEE R/BY IT'S CHAIRMAN AND MEMBER SECRETARY, UTTAR KANNADA DISTRICT-581 301. 5. THE DEPUTY COMMISSIONER, UTTAR KANNADA-581 301. 6. THE SENIOR GEOLOGIST (MEMBER SECRETARY), DEPT. OF MINES AND GEOLOGY, DIST: UTTAR KANNADA-581 301. 7. TALUKA SAND MONITORING COMMITTEE, ASSISTANT COMMISSIONER AND CHAIRMAN, UTTAR KANNADA DISTRICT-581 301. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENT NO. 4 AND 7 TO CONSIDER THE APPLICATION OF THE PETITIONER BY PLACING THE APPLICATION BEFORE THE DISTRICT SAND MONITORING COMMITTEE/COMPETENT AUTHORITY WITHOUT INSISTING FOR 11E SKETCH, LOCATION MAP, AKARBAND (FORM-10) AND SEND THE RECOMMENDATIONS TO THE 2ND RESPONDENT FOR GRANT OF SAND QUARRY LICENCE AS PER RULE 31 Z(1) OF KMMC RULES PURSUANT TO PETITIONERS AQL APPLICATION DATED 02.03.2024 PRODUCED ANNEXURE-A B) PASS ANY SUCH OTHER FURTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT AND PROPER IN THE FACT AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31848-DB WP No. 23184 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) The petitioner has filed the present petition inter alia praying that directions be issued to respondent Nos.4 to 7 to consider the application for grant of sand quarry license without insisting for PT Sheet, Form No.10 and a Sub- Division Map. 2. The petitioner claims that he intends to commence sand mining in the property comprising in Sy.No.243/182+183 Plot No.511, Sy.No.243/187+188 Plot No.512 and Sy.No.243/179+180+189 Plot No.513 over an area measuring 5 acres out of the total area of 17 acres 19 guntas, situated at Akrali Ramnagar Village, Joida Taluk, Uttar Kannada District. The petitioner’s application for Licence/Sand Mining Licence/Lease has not been processed on account of non-submission of Sketch, Akarbandh and Phodi. The petitioner states that the same - 4 - HC-KAR NC: 2025:KHC:31848-DB WP No. 23184 of 2025 would be possible only after six months as there is some issue with the survey documents and the concerned revenue authorities are not issuing phodi. He states that he had already filed a writ petition before the Dharwad Bench of this Court for securing orders for issuance of such documents. 3. We do not find any grounds to set aside the directions/endorsement of the concerned authorities, which essentially are for the purpose of ensuring a clear demarcation of the area on which the petitioner proposes to carry on the mine. 4. Insofar as the petitioner's grievance regarding the non-availability of the necessary documents is concerned, the said issue has already been disposed of by Dharward Bench of this Court by directing that the records be regularized/rectified within a period of six months from that date. 5. In view of the above, the present petition is disposed of by reserving right to the petitioner to approach - 5 - HC-KAR NC: 2025:KHC:31848-DB WP No. 23184 of 2025 this Court after he has submitted the requisite documents to the concerned authorities. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 33