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2026 DAILYLAW 1263 (KAR)

SRI M R THAMBI v. STATE OF KARNATAKA

WP/9026/2026 · 2026-03-26

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17134-DB WP No. 9026 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 9026 OF 2026 (GM-MM-S) BETWEEN: 1. SRI M.R. THAMBI S/O LATE M. RAJU AGED ABOUT 64 YEARS R/AT MURUGAN COLONY KADUR TOWN U.B. ROAD, KADUR CHIKKAMAGALUR DISTRICT - 577 548 …PETITIONER (BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKAS SOUDHA BENGALURU - 560 001 2. DIRECTOR/COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001 Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17134-DB WP No. 9026 of 2026 3. THE SENIOR GEOLOGIST MINES AND GEOLOGY DEPARTMENT MINERAL DIVISION DISTRICT CHIKKAMAGALUR - 577 101 4. THE DEPUTY COMMISSIONER CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR - 577 101 5. THE DEPUTY CONSERVATOR OF FOREST CHIKKAMAGALUR DIVISION DISTRICT CHIKKAMAGALUR - 577 102 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, QUASHING THE ENDORSEMENT DATED 28/01/2026 ISSUED BY THE RESPONDENT NO.3 MADE IN NO.GhaBhuEe/HiBhuChi/Ka.Kallu/2025- 26/4137-E, AS BEING MOST ARBITRARY AND ERRONEOUS TO EQUITY, LAW AND JUSTICE (ANNEXURE-L) & 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. POONACHA - 3 - HC-KAR NC: 2026:KHC:17134-DB WP No. 9026 of 2026 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition impugning an endorsement dated 28.01.2026 issued by respondent No.3 [Senior Geologist] rejecting the petitioner's request for stone quarry lease in the land falling in Sy.No.118, Kasaba Hobli, Malleshwara Village, Kadur Taluk. The said impugned endorsement is based on an opinion of the Deputy Conservator of Forests, Chikkamagaluru Division, stating that 3 acres of land in Sy.No.118 for which quarry lease has been sought, falls in the area identified in the joint survey sketch prepared pursuant to a joint inspection conducted. 2. It is the petitioner's case that the applied land does not fall within the area demarcated in the sketch. 3. The learned Additional Government Advocate states that the petitioner has a remedy of Revision against the impugned endorsement and the factual issues raised by the petitioner can be examined in those proceedings. - 4 - HC-KAR NC: 2026:KHC:17134-DB WP No. 9026 of 2026 4. In view of the above, we do not consider it apposite to entertain the present petition. The same is dismissed with liberty to the petitioner to avail his remedy before the Revisional Authority. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 2 Sl No.: 8