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High Court of Karnataka · body

2026 DAILYLAW 23776 (KAR)

SRI MANJUNATHA K P v. THE STATE OF KARNATAKA

WP/18235/2026 · 2026-06-22

K S Hemalekha

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30559-DB WP No. 18235 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. 18235 OF 2026 (GM-RES-PIL) BETWEEN: 1. SRI MANJUNATHA K.P. S/O PARAPPA AGED ABOUT 46 YEARS 2. SRI RAMACHANDRAPPA K S/O KARIYAPPA AGED ABOUT 56 YEARS 3. SRI KRISHNAPPA S/O NINGAPPA AGED ABOUT 59 YEARS 4. SMT. KUMARI PAVITHRA H.A. D/O ANANTHAPPA AGED ABOUT 28 YEARS 5. SMT. NETHRAVATHI K.R. W/O ESHWARAPPA H.K. AGED ABOUT 36 YEARS 6. SRI KARIYAPPA K.S. S/O SIDDAPPA AGED ABOUT 78 YEARS 7. SRI RAMESH D S/O DASAPPA AGED ABOUT 32 YEARS Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30559-DB WP No. 18235 of 2026 8. SMT. JAYAMMA W/O KARIYAPPA AGED ABOUT 56 YEARS 9. SRI RAMESHA S/O DODDANNA AGED ABOUT 40 YEARS 10. SRI LAKKANNA K.T. S/O KARANI TRIMANNA AGED ABOUT 69 YEARS 11. SRI RANGANATHA T AGED ABOUT 46 YEARS 12. SRI MANJUNATHA N S/O NINGARAJAPPA AGED ABOUT 34 YEARS 13. SRI K.M. BASAVARAJU S/O MANJUNATHA AGED ABOUT 20 YEARS 14. SRI KUMARA K.B. S/O BYRASIDDAPPA AGED ABOUT 35 YEARS 15. SRI SIDDAPPA S/O SIDDARAMANNA AGED ABOUT 65 YEARS 16. SRI RANGANATHA H.A. S/O ANANTHAPPA AGED ABOUT 26 YEARS 17. SRI RAVI KUMAR H.D. S/O DODDAYYA AGED ABOUT 29 YEARS - 3 - HC-KAR NC: 2026:KHC:30559-DB WP No. 18235 of 2026 18. SRI MANJUNATHA H.P. S/O PRAKASH H.S. AGED ABOUT 26 YEARS 19. SMT. SUDHA W/O RAMESH AGED ABOUT 38 YEARS 20. SMT. KARIYAMMA D/O DODDAYYA AGED ABOUT 69 YEARS 21. SRI VEERABHADRAPPA S/O ERAPPA AGED ABOUT 64 YEARS 22. SRI ESHWARAPPA S/O SIDDAPPA AGED ABOUT 62 YEARS 23. SRI SRINIVASA N S/O B H NAGAPPA AGED ABOUT 51 YEARS 24. SRI CHANDRAPPA B.G. S/O GIRIYAPPA AGED ABOUT 51 YEARS 25. SRI KANTHARAJA R.P. S/O PARAMESHWARAPPA R.R. AGED ABOUT 45 YEARS 26. SRI K.R. RANGANATHA S/O D. RAMANNA AGED ABOUT 41 YEARS 27. SRI K NAGARAJ S/O KARIYAPPA AGED ABOUT 41 YEARS - 4 - HC-KAR NC: 2026:KHC:30559-DB WP No. 18235 of 2026 28. SRI MANJUNATHA K E AGED ABOUT 31 YEARS 29. SRI L. NAGARAJA S/O LOKESH AGED ABOUT 38 YEARS 30. SRI R. RANGANATHA S/O RANGAPPA AGED ABOUT 50 YEARS ALL RESIDING IN KABBALA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 597 …PETITIONERS (BY SRI VENKATESH S. ARABATTI, ADVOCATE FOR SRI MAHADESHWARAN C.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 501 3. THE TAHSILDAR HOSADURGA TALUK CHITRADURGA DISTRICT - 577 501 4. THE KARNATAKA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS MEMBER SECRETARY - 5 - HC-KAR NC: 2026:KHC:30559-DB WP No. 18235 of 2026 PARISARA BHAVAN 49, CHURCH ST. ASHOK NAGAR BENGALURU - 560 001 5. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560 001 6. THE KABBALA GRAM PANCHAYAT REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER KABBALA VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT - 577 501 7. SRI SHANMUKHA BHOVI PROPRIETOR TIRUMALA STONE CRUSHER AND M-SAND UNIT KABBALA VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT - 577 501. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE OBJECTIONS DATED 06.08.2025 SUBMITTED BY THE VILLAGERS AGAINST THE ESTABLISHMENT OF TIRUMALA STONE CRUSHER AND M-SAND UNIT IN SURVEY NO.19 (NEW SURVEY NO.127) OF KABBALA VILLAGE, HOSADURGA TALUK, CHITRADURGA DISTRICT (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:30559-DB WP No. 18235 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 as a Public Interest Litigation, inter alia, praying that direction be issued to the respondents to consider their objections dated 06.08.2025 against establishment of Tirumala Stone Crusher and M-Sand Unit in Survey No.19 (New Survey No.127) of Kabbala Village, Srirampura Hobli, Hosadurga Taluk, Chitradurga District. 2. The learned counsel appearing for the petitioners submits that although objections were invited by the competent authority and a public hearing was also scheduled, the same was not held. He also contends that the villagers had serious objections regarding grant of a license to establish a stone crushing and M- sand unit on the subject land, as the proposed unit is stated to be located near a school and a temple. He also submitted that the subject land is grazing land. 3. The petitioners have also annexed photographs with the present petition which indicates that the land is essentially a fallow - 7 - HC-KAR NC: 2026:KHC:30559-DB WP No. 18235 of 2026 land. There is also a very small structure which looks like it is a temple. 4. Prima facie, we are not persuaded to accept that the photographs establish that no license for the establishment of a stone crusher's unit could have been issued on the land in question. The photographs only depict the features of the land. However, since it is contended that the objections of the villagers have not been considered, we consider it apposite to direct the concerned authorities to consider the same, if not already considered. 5. We clarify that we have neither stayed the license nor interdicted the respondents from taking further steps for establishing the Stone Crushers unit. However, if the concerned authorities find that there is merit in the objections raised by the petitioners, they are not precluded from taking necessary steps in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD/ List No.: 2 Sl No.: 16