- 1 - HC-KAR NC: 2025:KHC:53402-DB WP No. 31909 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 31909 OF 2025 (GM-MM-S) BETWEEN: 1. SRI N SHIVALINGAIAH S/O LATE NINGAIAH AGED ABOUT 70 YEARS R/AT 115, 3RD CROSS 2ND 5TH BLOCK NEAR KAMAKHYA THEATRE RING ROAD, BANASHANKARI 3RD STAGE, BANGALORE SOUTH BANGALORE - 560 085 …PETITIONER (BY SRI MAHENDRA S.S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY (MINES) DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA, 1ST FLOOR BENGALURU - 560 001 Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53402-DB WP No. 31909 of 2025 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY 49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY OFFICE OF THE SENIOR GEOLOGIST KHANIJA BHAVANA, NO.CA 4C VIVEKANANDA LAYOUT MANDYA - 571 402 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) 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 THE RESPONDENTS TO FORTHWITH EXECUTE THE BUILDING STONE QUARRY LEASE DEED IN RESPECT OF 2.00 ACRES OF GOVERNMENT GOMALA LAND IN SURVEY NO.308 AND 317 OF K.HONALAGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT, IN ACCORDANCE WITH GOVERNMENT ORDER NO.CI 364 MMN 2021 DATED 01/08/2022 (ANNEXURE-A), WITHOUT INSISTING UPON ANY FURTHER SURVEY NOT MANDATED BY LAW, AND BY DULY RECONSIDERING THE REPRESENTATIONS DATED 24/08/2023 AND 28/08/2025 SUBMITTED BY THE PETITIONER (ANNEXURES-B AND B1), WITHIN A TIME FRAME AS MAY BE FIXED BY THIS HON'BLE COURT & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:53402-DB WP No. 31909 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, inter alia, praying that directions be issued to the respondents to forthwith execute the Building Stone Quarry Lease Deed in respect of 2-00 acres of Government Gomala land falling in Survey No.308 and 317 of K.Honalagere Village, Maddur Taluk, Mandya District in accordance with the Government order dated 01.08.2022, copy of which is annexed as annexure-A to the petition, without insisting for any further survey. 2. The petitioner had applied for a quarrying lease in the prescribed form [Form-AQL] in respect of building stone quarry lease on 02.01.2007 in respect of land measuring 2-00 acres falling in Survey Nos.308 and 317 on K.Honalagere Village, Maddur Taluk, Mandya District [subject land]. Thereafter on - 4 - HC-KAR NC: 2025:KHC:53402-DB WP No. 31909 of 2025 26.10.2009, a joint inspection of the applied area was conducted by the Senior Geologist, Department of Mines and Geology, Mandya and the Assistant Conservator of Forests, Mandya Sub- Division for assessing the suitability for grant of quarry lease. Thereafter, on 09.07.2010, a no-objection certificate [NOC] was issued by the Assistant Commissioner, Mandya Sub-Division for grant of the quarry lease. On 07.05.2015, the Deputy Conservator of Forests recommended the grant of quarry lease subject to NOC from the Deputy Commissioner of Wildlife Division, Mysuru. The Deputy Commissioner, Mandya has accorded NOC for grant of quarry lease on 15/21.04.2016. After the petitioner had obtained all the necessary no objections, the Senior Geologist, Mandya issued technical clearance on 02.03.2019 and recommended grant of quarry lease. Following the same on 07.03.2019, the Competent Authority issued a notification in Form-GL sanctioning the grant of quarry lease in favour of the petitioner. Thereafter on 13.03.2020 a technical report in Form-S was prepared following GPS demarcations and a detailed inspection of the applied area. - 5 - HC-KAR NC: 2025:KHC:53402-DB WP No. 31909 of 2025 3. It is not controverted that on 19.10.2022, a joint survey was also conducted by the officials of the Mining Department and the Revenue Department and a sketch of the applied area was prepared in the presence of the petitioner. 4. On 02.05.2023, the State Environment Impact Assessment Authority [SEIAA] granted environmental clearance [EC] for the proposed quarry operations and the Government of Karnataka accorded the approval for grant of the quarry lease in favour of the petitioner. Notwithstanding that necessary approvals had been obtained and the notification granting quarry lease had been issued, the quarry lease has not been executed. It is stated that the petitioner had also remitted the royalty and the environmental protection fees. He has also issued bank guarantees as required. Since the quarry lease has not been executed, the petitioner continued to pursue the concerned authorities. 5. On 03.10.2025, the Senior Geologist, Mandya had issued an endorsement stating that the execution of the lease was - 6 - HC-KAR NC: 2025:KHC:53402-DB WP No. 31909 of 2025 pending receipt of the final survey report. In view of the said endorsement, the petitioner was constrained to file the present petition. 6. It is the petitioner's case that since the joint surveys had already taken place, the execution of the quarry lease could not be delayed for the said purpose. 7. The learned Additional Government Advocate submits that during the course of the present proceedings the joint survey was conducted on 10.11.2025. The joint survey report was placed on record on 01.12.2025. There is no dispute that the joint survey has confirmed the grant of the subject lease. The petitioner's prayer that the quarry lease deed be executed without a joint survey is now rendered academic. 8. However, the petitioner apprehends that execution of the quarry lease may be delayed. In this regard, we have enquired whether there are any other impediments in granting quarry lease and the response is in the negative. In view of the above, we direct that the concerned authorities shall complete the - 7 - HC-KAR NC: 2025:KHC:53402-DB WP No. 31909 of 2025 necessary formalities within a period of four weeks from date. The petition is disposed of in the aforesaid terms. 9. Pending applications shall stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 2 Sl No.: 18