- 1 - HC-KAR NC: 2026:KHC:24485-DB WP No. 10505 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 10505 OF 2026 (GM-MM_S) BETWEEN: SRI BRAHMALINGESHWARA STONE CRUSHERS NANDALIKE REP BY ITS PROPRIETOR MR. UMESH SHETTY AGED ABOUT 57 YEARS S/O.LATE.MAHABALA SHETTY, R/AT, PAADE MANE NANDALIKE VILLAGE, KARKALA TALUK, UDUPI DIST-574110 …PETITIONER (BY SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE A/W SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY REP BY ITS CHIEF SECRETARY, VIDHANASOUDHA, BENGALURU -560 001. 2. SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, BALAJI LAYOUT, MOODASAGRI WARD, Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24485-DB WP No. 10505 of 2026 SHIVALLI, DODDANAGUDDE, UDUPI-576102. 3. TAHASILDAR KARKALA TALUK ,KARKALA 4. TALUK SURVEYOR ATTACHED TO THE OFFICE OF ASST DIRECTOR OF LAND RECORDS KARKALA TALUK KARKALA 5. MRS.NEETHA ACHARYA W/O GANESH ACHARYA AGED ABOUT 42 YEARS, R/O, SOORANTE HOUSE, KALYA POST AND VILLAGE, KARKALA TALUK, UDUPI- 574 110. …RESPONDENTS (BY SRI. K.S. HARISH, GOVERNMENT ADVOCATE FOR R1 TO R4 MS. SHWETHA NAYAK N, ADVOCATE FOR SRI. DHANANJAY KUMAR, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO QUASH THE NOTICE DATED 24/03/2026 IN NO.GABUEE/HIBU(UDUPI)/CRUSHER/2025-26/11000 ISSUED BY THE SENIOR GEOLOGIST, MINES AND GEOLOGY DEPARTMENT, UDUPI i.e., RESPONDENT NO.2 HEREIN (ANNEXURE-A) 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:24485-DB WP No. 10505 of 2026 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition impugning a notice dated 24.03.2026, whereby the petitioner has been directed to stop the crusher unit as the orders passed by this Court in the pending writ petition [Writ Petition No.4190/2026 (GM-MM-S)] are compiled and the survey is completed. 2. This Court had passed an order dated 08.04.2024 in W.P.No.4190/2026 directing the authorities to submit a report in pursuance to the allegations made by the petitioner in that case (Neetha Acharya) to the effect that the petitioner (sole proprietor of Brahmalingeshwara Stone Crushers Nandalike - petitioner in the present case), was illegally operating the crusher unit in question. 3. The learned Government Advocate submits that an inspection was conducted and the said complaint would be carried to its logical end. He submits that it is proposed that the reports would be placed before the concerned authority to take a final decision on the allegation of illegally carrying on the Stone Crusher - 4 - HC-KAR NC: 2026:KHC:24485-DB WP No. 10505 of 2026 Unit. He submits that a final order would be passed within a period of four weeks after hearing the petitioner. The petitioner is also at liberty to furnish its written response to the allegations made against it. 4. Before concluding, we also note that one of the contentions advanced by the learned Government Advocate is that neither of the parties (the petitioner in this case and respondent No.5) are not cooperating, inasmuch as they are not signing the survey documents or the mahazar. 5. We clarify that if the said parties do not sign the mahazar or the spot reports, the same would not impede the proceedings. The concerned officers may record the factum of the parties not signing the reports, the same would suffice. 6. In view of the statement that the issue would be finally decided within a period of four weeks, no further orders are required to be passed in this writ petition. 7. The petition is accordingly, disposed of. - 5 - HC-KAR NC: 2026:KHC:24485-DB WP No. 10505 of 2026 8. We do not consider it apposite to interdict the order staying the crushing activity till the proceedings are completed. 9. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 44