- 1 - HC-KAR NC: 2026:KHC:15680-DB WP No. 3922 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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. 3922 OF 2024 (GM-MM-S) BETWEEN: 1. JAGADISH POOJARY S/O SHEENAPPA POOJARY AGED ABOUT 43 YEARS BALYA HOUSE, BANNURU VILLAGE KAGEKHANA POST BANTWALA TALUK DAKSHINA KANNADA - 574 253 2. UMESH KOTIAN S/O SANJEEVA POOJARY AGED 43 YEARS GANADAPALE HOUSE BARIMANNU VILLAGE KAGE KHANA POST BANTWALA TALUK DAKSHINA KANNADA - 574 253 3. JAYANTHA S/O LAXMANA POOJARY AGED ABOUT 47 YEARS MULIBAILU HOUSE KAGEKHANA POST BANTWALA TALUK D.K. - 574 258 Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15680-DB WP No. 3922 of 2024 4. CHANDRAHASA S/O RAMA AGED ABOUT 35 YEARS 2-53 A1, MADHUGIRI HOUSE KAGEKHANA POST BANTWALA TALUK D.K. - 574 253 5. KESHAVA S/O ITHAPPA POOJARY AGED ABOUT 40 YEARS ALAITTIMARU HOUSE BARIMANNU VILLAGE KAGEKHANA POST BANTWALA TALUK D.K. - 574 253 6. MOHANDAS S/O BALAPPA POOJARY AGED ABOUT 36 YEARS 1-94, BARIMARU PADE MANE BARIMARU VILLAGE KAGEKHANA POST BANTWALA TALUK DAKSHINA KANNADA - 574 253 …PETITIONERS (BY SRI KARUNAKARA P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU - 560 001 - 3 - HC-KAR NC: 2026:KHC:15680-DB WP No. 3922 of 2024 2. THE COMMISSIONER MINIES AND ZEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 3. THE DEPUTY COMMISSIONER MANGALURU DISTRICT STATE BANK MANGALURU - 560 001 4. THE ASSISTANT COMMISSIONER MANGALURU DISTRICT STATE BANK MANGALURU - 560 001 5. THE DEPUTY DIRECTOR MINES AND ZEOLOGY STATE BANK MANGALURU - 560 001 6. CHANDRAHASA S/O NONU MULYA 1-6, PALLIPADI HOUSE POLALI POST KARIYANGALA VILLAGE BANTWAL TALUK …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 5; SRI P.P. HEGDE, SENIOR ADVOCATE FOR SRI AKSHAY KUMAR JAIN, ADVOCATE FOR R-6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CANCEL LICENSE ISSUED TO THE RESPONDENT No.6 WHICH IS AT ANNEXURE-A & ETC. - 4 - HC-KAR NC: 2026:KHC:15680-DB WP No. 3922 of 2024 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 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition as Public Interest Litigation [PIL], inter alia, praying as under: "a) Issue writ of mandamus directing the Respondents to cancel license issued to the Respondent No.6 which is at Annexure A. b) Consider the Representations given by the petitioners to the Deputy Commissioners produced at Annexure B and C c) Direct the Respondents No.3 and 5 to take action against the Respondent No.6 for illeal sand mines during the month of December. d) Grant such other and further relief's as this Hon'ble court deems fit in the interest of justice and equity." 2. The petitioners allege that illegal sand mining is being carried on in the Nethravathi River. The petitioners allege that, contrary to - 5 - HC-KAR NC: 2026:KHC:15680-DB WP No. 3922 of 2024 the Rules and Regulations, the mining lease holders have levelled and cleared motorable access up to the banks of the river and are carrying on sand mining activities through mechanised means. The petitioners also allege that sand mining is being carried out through boats and barges, which, according to the petitioners, is impermissible. The petitioners have also annexed photographs to the petition, which show certain boats on the river allegedly engaged in sand mining. Additionally, there are photographs which show mounds of sand stacked at the edge of the river and the same being loaded by a JCB onto lorries. 3. The petitioners have also produced photographs showing that sand is being transported on uncovered trucks and lorries. The petitioners allege that, as a result of extensive sand mining and the transportation of sand in uncovered trucks, the area has become highly polluted and is very difficult for persons to live in. 4. Given the allegations made in the present petition, we had requested the Deputy Commissioner, Mangaluru District (Respondent No. 3), to examine them. - 6 - HC-KAR NC: 2026:KHC:15680-DB WP No. 3922 of 2024 5. Respondent No. 3 has submitted a report and joined the proceedings through video conferencing. He states that a team of officials visited the site in question and had verified that the trucks are being loaded at a distance of more than ten (10) meters from the river banks. It is also stated that the team did not find any sand mining carried out by mechanised means. Accordingly, it was concluded that there is no illegal activity as far as sand mining is concerned. However, with regard to the transportation of sand, the report indicates that more than 30 (thirty) closed-circuit cameras have been installed around the area, in addition to establishing check posts at Mukka and Taluk Mulky. Respondent No.3 accepts that the photographs annexed with the present petition clearly indicate that the persons are transporting sand in uncovered trucks, which is impermissible. He states that the photographs produced by the petitioner are being analyzed and necessary punitive action will be initiated against the persons transporting sand in uncovered vehicles. 6. We accept the said report. In view of the statement made by respondent No.3 that an expeditious action would be taken against - 7 - HC-KAR NC: 2026:KHC:15680-DB WP No. 3922 of 2024 the persons transporting sand in an illegal manner, no further directions are warranted. 7. The petition is accordingly disposed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 2 Sl No.: 27