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2025 DAILYLAW 86799 (KAR)

SRI Y L NYAMAGOUDAR v. STATE OF KARNATAKA

WP/24826/2023 · 2025-09-11

C M Joshi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36038-DB WP No. 24826 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH 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. 24826 OF 2023 (GM-MM_S) BETWEEN: 1. SRI Y L NYAMAGOUDAR, S/O LATE LAKSHMAPPA, AGED ABOUT 60 YEARS, YADWAD-591 136, MUDALGI TALUK, BELAGAVI DISTRICT, KARNATAKA STATE. 2. SRI MALLAPPA B CHIPPAKATTI, S/O LATE SRI BASAPPA CHIPPALAKATTI, AGED ABOUT 52 YEARS, R/AT GOURIKATTE, YADWAD, MUDALGI TALUK, BELAGAVI DISTRICT, KARNATAKA STATE. …PETITIONERS (BY SRI SRINIVASA K N, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPT OF FOREST ECOLOGY AND ENVIRONMENT, VIDHANA SOUDHA, BANGALORE-560 001, REP. BY ITS SECRETARY. 2. THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI K.S HARISH, G A) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36038-DB WP No. 24826 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI/ORDER/DIRECTION, QUASHING THE SECOND TENDER NOTIFICATION DATED 09/10/2023 ISSUED BY THE RESPONDENTS, WHICH PRODUCED AT ANNEXURE-K 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 petitioners have filed the present petition, inter alia, praying as under: "WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to; (a) issue a Writ of Certiorari/Order/Direction, quashing the second Tender notification Dt. 09.10.2023 issued by the Respondents, which produced at Annexure-K, (b) direct the respondents to delete the schedule properties out of Tender Notification dt.09.10.2023 which produced at Annexure-K and safeguard the interest of the patta land owners and; (c) direct the State Government to pay the adequate compensation to the 2nd petitioner in respect of the fond area/drench formed in his lands and; (d) pass such other order(s)/relief(s) as my be deemed fit to grant in the circumstances of the case, in the interest of justice and equity." 2. Learned Government Advocate appearing for respondents submits that insofar as Tender Notification is concerned, the same - 3 - HC-KAR NC: 2025:KHC:36038-DB WP No. 24826 of 2023 is not proceeded with at this stage. As far as the relief of compensation is concerned, he submits that in terms of Rule 52 of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016, the compensation as assessed would be paid to the present petitioners as well. 3. Since the Tender Notification is no longer being proceeded, no order is required to be passed in this petition. We, accordingly, dispose of the same. 4. We clarify that all rights and contentions of the parties are reserved. 5. This order would not preclude the petitioners from applying afresh. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 28