Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34456-DB WP No. 19018 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI
WRIT PETITION NO. 19018 OF 2025 (GM-RES-PIL)
BETWEEN:
1.
SRI JAYANANDA S/O DARNAPPA MULYA AGED ABOUT 38 YEARS, OCCUPATION AGRICULTURIST R/O KANCHINADKA HOUSE, THENKAJARU VILLAGE AND POST, BANTWALA TALUK-574233
2.
SRI. VISHWANATHA, S/O THIMMAPPA MULYA AGED ABOUT 59 YEARS, OCCUPATION AGRICULTURIST R/O KANCHINADKA HOUSE, THENKAJARU VILLAGE AND POST, BANTWALA TALUK-574233
3.
SRI. NARAYANA, S/O THIMMAPPA MULYA AGED ABOUT 55 YEARS, OCCUPATION AGRICULTURIST R/O KANCHINADKA HOUSE, THENKAJARU VILLAGE AND POST,
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:34456-DB WP No. 19018 of 2025
BANTWALA TALUK-574233
4.
SRI. JARAPPA MULYA, S/O THIMMAPPA MULYA AGED ABOUT 37 YEARS, OCCUPATION AGRICULTURIST R/O KANCHINADKA HOUSE, THENKAJARU VILLAGE AND POST, BANTWALA TALUK-574233
5.
SRI. DEEKAMMA W/O SOMAYYA AGED ABOUT 62 YEARS, OCCUPATION AGRICULTURIST R/O KANCHINADKA HOUSE, THENKAJARU VILLAGE AND POST, BANTWALA TALUK-574233
…PETITIONERS (BY SRI. BALARAJ V R.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REVENUE DEPARTMENT, M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU - 560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
THE DEPUTY COMMISSIONER NEW DC OFFICE, PADIL, MANGALURU, KARNATAKA 575007.
3.
KARNATAKA STATE POLLUTION BOARD, PARISARA BHAVANA, NO NO.49,
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HC-KAR NC: 2025:KHC:34456-DB WP No. 19018 of 2025
CHURCH STREET, BENGALURU - 560001.
4.
THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
5.
SRI. M. ABDUL AZIZ, S/O LATE HAJI T MAHAMMAD, DREAM PALACE, BRITTO COMPOUND, S.L. MATHAIS ROAD D.K, MANGALORE-575002. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1, 2 & 4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT No. 2 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS AS PER ANNEXURE-F DATED 21.04.2025, AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:34456-DB WP No. 19018 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. Issue notice.
2. The learned Additional Government Advocate accepts notice for respondent Nos.1, 2 and 4.
3. The petitioner has filed the present petition, inter alia alleging that the fifth respondent is carrying on stone crusher / quarry activity under a quarrying lease and license Deed No.DKD 382 dated 04.12.2017, in contravention to Section 6 of the Karnataka Regulation of Stone Crushers Act, 2011.
4. He states that the area is located adjacent to a public road and the movement of heavy vehicles is resulting in severe obstruction and inconvenience to the public; that the unit operates round the clock causing excessive noise pollution; that the activity is disrupting the wildlife resulting in the wild animals straying into the adjacent residential properties; that the activities have resulted in heavy soil erosion and has weakened the infrastructure; that the
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HC-KAR NC: 2025:KHC:34456-DB WP No. 19018 of 2025
use of explosives and chemicals is adversely affecting the health of elderly residents and children living in the vicinity.
5. We direct the respondent Nos. 2, 3 and 4 to consider the contents of the present petition as a representation and if warranted, take such steps in accordance with law. Petition is
disposed of accordingly.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
KS List No.: 1 Sl No.: 10