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2026 DAILYLAW 23747 (KAR)

SUDHAKAR DOTTAYYA PUJARI v. STATE OF KARNATAKA

WP/4032/2026 · 2026-06-22

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30541-DB WP No. 4032 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 4032 OF 2026 (GM-MM-S) BETWEEN: 1. SRI SUDHAKAR DOTTAYYA PUJARI S/O DOTTAYYA PUJARI AGED ABOUT 54 YEARS RESIDING AT HADIMANE, ULLOOR (11) KHAMBADAKONE, UDUPI DISTRICT KARNATAKA - 576 219 2. SMT. PREMA D/O DOTTAYYA PUJARI AGED ABOUT 41 YEARS RESIDING AT 5 SENSE, ULLOOR MOODUMATA POST, KUNDAPURA TALUK UDUPI - 576 219. …PETITIONERS (BY SMT. RASHMI N.L., ADVOCATE FOR SRI HARIPRASAD, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY MINISTRY OF MINES AND GEOLOGY VIKASA SOUDHA BENGALURU - 560 001 Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30541-DB WP No. 4032 of 2026 2. DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY UDUPI DISTRICT - 576 102 4. SMT. SUJATHA W/O RAMESH POOJARI HADIMANE MUDDUMATTA POST 11TH ULLUR, BYNDOOR TALUK UDUPI DISTRICT - 576 214. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING RESPONDENT No.1 TO CONDUCT AN ENQUIRY AGAINST RESPONDENT NO.2 AND RESPONDENT NO.3 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:30541-DB WP No. 4032 of 2026 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition, inter alia, praying as under: "a) Issue a writ of mandamus or direction directing Respondent No. 1 to conduct an enquiry against Respondent No. 2 and Respondent No. 3; b) Quash the Licence bearing No. GABHUHE/HIBHU (UDUPI)/2025-26/6369 dated 10-11-2025 issued by Respondent No. 2 and Respondent No. 3, a copy of which is produced herewith as Annexure-A; c) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; d) Award costs of this Petition." 2. The petitioners seek to impugn a quarry licence dated 10.11.2025 issued by respondent No.2 and 3 permitting respondent No. 4 to quarry laterite stone on the patta land belonging to respondent No.4, measuring 0.5 acres in Survey No.116/*/1 at 11th Ulluru Village, Byndoor Taluk. The petitioners state that permission was granted to respondent No.4 only to extract the laterite stone for the purposes of leveling the land and developing it for agricultural purposes. The petitioners submit that - 4 - HC-KAR NC: 2026:KHC:30541-DB WP No. 4032 of 2026 the quarrying activities undertaken by respondent No.4 are adversely affecting the adjacent lands. Large scale mining is being carried out beyond the scope of permission. 3. The facts as stated in the present petition indicate that respondent No.4's application for quarry licence was considered by the competent authorities and a quarry licence has been granted in consultation with the concerned authorities. However, since it is alleged that the quarrying activities are not being carried out in accordance with the terms and conditions of licence, and the activities are not confined to the subject land for which the permission is granted, we consider it apposite to direct the respondents to examine whether any terms and conditions subject to which the quarry license has been granted have been violated, if not already done. 4. The petition is disposed of with the aforesaid directions. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD, List No.: 2 Sl No.: 17