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2026 DAILYLAW 51665 (KAR)

BHUTHARAJA V.S v. THE STATE OF KARNATAKA

WP/36991/2025 · 2026-01-05

C M Poonacha

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:175-DB WP No. 36991 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 36991 OF 2025 (GM-RES-PIL) BETWEEN: 1. BHUTHARAJA V.S. S/O SHIVAKUMAR B.V AGED ABOUT 37 YEARS R/AT # 00, V.RALYA VILLAGE V.PALYA POST CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 520 2. VENKATESH. M S/O MANJAPPA AGED ABOUT 36 YEARS R/AT S.H. HALLI GOLLARAHATTI VILLAGE KADUR, CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 523 3. VENKATESHA V.S. S/O SHIVAKUMAR B.V. AGED ABOUT 31 YEARS R/AT # 83, V.PALYA VILLAGE V. PALYA POST CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 520 4. SANJAY KUMAR V.L. S/O LOKESH M.V. AGED ABOUT 29 YEARS Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:175-DB WP No. 36991 of 2025 R/AT V. PALYA VILLAGE V. PALYA POST, CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 520 5. M.H. LOKESH S/O M.V. HANUMANTHAPPA AGED ABOUT 33 YEARS R/AT V. PALYA VILLAGE V. PALYA POST CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 520 6. B.V. SHIVAKUMARA S/O BHOVI VENKATAPPA AGED ABOUT 67 YEARS R/AT V. PALYA VILLAGE V. PALYA POST CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 520 7. SMT. KUSUMAMMA W/O VENKATAPPA AGED ABOUT 61 YEARS R/AT V. PALYA VILLAGE V. PALYA POST CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 520 8. SRI RENUKA PRASANNA R S/O RAJAPPA AGED ABOUT 51 YEARS R/AT V. PALYA VILLAGE V. PALYA POST CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 520 9. M.H. THEERTHESH S/O M.V. HANUMANTHAPPA AGED ABOUT 33 YEARS R/AT V. PALYA VILLAGE V.PALYA POST CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 520 …PETITIONERS (BY SRI GOPALAKRISHNAMURTHY C., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:175-DB WP No. 36991 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY R/BY PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER CHITRADURGA CHITRADURGA DISTRICT - 577 501 3. THE TAHASILDAR TALUK OFFICE, CHITRADURGA TOWN & TALUK CHITRADURGA DISTRICT - 577 501 4. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH OFFICER CHITRADURGA CHITRADURGA DISTRICT - 577 501 5. THE REGIONAL TRANSPORT OFFICER OFFICE OF REGIONAL TRANSPORT CHITRADURGA TOWN AND TALUK CHITRADURGA DISTRICT - 577 501 6. THE SUPERINTENDENT OF POLICE OFFICE OF SUPERINTENDENT OF POLICE CHITRADURGA DISTRICT - 577 501 7. THE CHIEF EXECUTIVE OF ENGINEER PUBLIC WELFARE DEPARTMENT REGIONAL OFFICE CHITRADURGA TOWN AND TALUK CHITRADURGA DISTRICT - 577 501 8. THE PANCHAYATH DEVELOPMENT OFFICER OFFICE OF GRAMA PANCHAYATH BHEEMASAMUDRA - 4 - HC-KAR NC: 2026:KHC:175-DB WP No. 36991 of 2025 CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 501 9. SRI VINOD KUMAR DESHMUKH MINES MANAGER BHOMMAN IRON ORE MINE OPERATED BY JSW STEEL LTD BEDARA BOMMANAHALLI VILLAGE V. PALYA POST CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 520 10. THE CHAIRMAN AND MANAGING DIRECTOR JSW STEEL LTD JSW STEEL LTD, LB-65 VIDYANAGAR TOWNSHIP TORANAGALLU SANDUR TALUK BELLARY DISTRICT - 583 123 …RESPONDENTS (SMT.NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 3 AND 5 TO 7) THIS WRIT PETITION IS FILED UNDER ARTICLE 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 WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENTS No.1 TO 8 HEREIN TO CONSIDER THE REPRESENTATIONS DATED 18.06.2025, 21.06.2025, 16.08.2025, 17.09.2025 & 18.08.2025 VIDE ANNEXURE-A, A1 TO A4 AND TO TAKE IMMEDIATE STEPS AGAINST THE MINING COMPANY I.E., RESPONDENTS No.9 TO 10 WHO ARE RUNNING LORRY ILLEGALLY OVER THE ROAD OF THE ABOVE SAID VILLAGE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:175-DB WP No. 36991 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. Issue notice. The learned Additional Government Advocate accepts notice for the respondent ‒ State . 2. The petitioners state that they are residents of V.Palya Village, Chitradurga Taluk, Chitradurga District. They have filed the present petition, inter alia, praying as under: "Issue writ in the nature of Mandamus directing Respondents No.1 to 8 herein to consider the representations dated 18-08-2025, 21-06-2025, 16-08-2025 & 17-09-2025 & 18-18-2025 Vide Annexure-A, A1 to A4 and to take immediate steps against the mining company i.e., Respondents No.9 to 10 who are running lorry illegally over the road of the above said village in the interest of justice and equity." 3. The petitioners contend that a road passing through their village ‒ photographs of which are annexed in the petition, was a metalled road. However, due to overuse by heavy lorries carrying mining materials, the metal has been completely worn out and the use of the said road is causing immense pollution. They contended - 6 - HC-KAR NC: 2026:KHC:175-DB WP No. 36991 of 2025 that it has become difficult for the villagers to live in the village on account of air pollution. 4. In view of the averments made in the present petition, we consider it apposite to dispose of the present petition by directing the respondents to consider the petitioners' representations and communicate their decision to the petitioners as expeditiously as possible, preferably within a period of eight weeks from date. 5. The petition is, accordingly, disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.: 9