The Acting Chief Justice dismissed this writ petition seeking mandamus against private respondents for interference in quarry operations. The court held the dispute was purely civil in nature and no writ can issue for enforcement of statutory rights against private parties.
liberty to take recourse to other remedies available in law
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF OCTOBER, 2021
PRESENT
THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.15340/2021 (GM-MM/S)
BETWEEN
SRI C PATALAPPA S/O LATE CHIKAPATALAPPA AGED ABOUT 68 YEARS RESIDING AT NO.6A BANDEHOSUR GRAMA KANNUR POST, BIDARAHALLI HOBLI, BANGALORE EAST TALUK BENGALURU-560 049
... PETITIONER
(BY SRI SARAVANA S., ADV. FOR SRI D.R.RAVISHANKAR, ADV.)
AND:
BANGALORE-560 001
2
YELAHANKA NEW TOWN BANGALORE-560 065
4 . MUNIRAJ AGED MAJOR RESIDENT OF NO.211, 12 A CROSS, A SECTOR YELAHANKA NEW TOWN BANGALORE-560 065
... RESPONDENTS
(BY SRI S.S.MAHENDRA, AGA FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE OFFICIAL RESPONDENTS TO ACT UPON THE REPRESENTATIONS OF THE PETITIONER AT ANNEXURE-D, DATED 22/12/2020, EXPEDITOUSLY AND IN A TIME BOUND MANNER AND BY TAKING FURTHER SUCH ACTION ENSURING THAT THE QUARRY LEASE PIT IS RENDERED FIT FOR RESUMING THE QUARRY OPERATIONS, WITH IN A TIME TO BE STIPULATED BY THIS HON'BLE COURT AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
The petitioner in this writ petition has stated that he has been granted stone quarrying lease in respect of Sy.No.50 of Kannur village, Bangalore East Taluk for a period of 20 years w.e.f. 19.11.2004. It has been further stated that respondent Nos.3 and 4 are carrying out business in the name of Surya Plant Water Sand Factory basically for manufacturing filter sand and they are dumping waste mud and sand debris into quarry pits of the petitioner.
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"It cannot be in dispute that the petitioner has been granted a stone quarrying lease in sy.no.50 of Kannur Village and that the lease is in subsistence for a period of 20 years with effect from 19.11.2004. There is also no dispute of the fact that on a higher altitude, Sy.No.181 is located where the 3rd and 4th respondent is carrying on the business of Surya Plant Water Sand Factor basically for manufacturing filter sand. There is an obligation on the part of the 3rd and 4th respondent in ensuring that the nature of the activities will not spill beyond the area designated. However, they have been dumping the waste mud and sand debry and there is a water logging which is percolating down and accumulating into the quarry pits of the petitioner. These cannot be in dispute and the photographs will clearly indicate the mischief undertaken by the 3rd and 4th respondent and since the petitioner is only a lease holder and he is also under an obligation to ensure that the semi mining operations in the nature of manufacturing of filter sand does not spill over their area, have as a matter of fact intervened with the lawful excavation of the granite as permitted in terms of the lease stated supra. It is in these circumstances that the petitioner has given representations at AnnexureD, dated 22/12/2020 and has also given a police complaint for the nuisance caused at Annexure-E. The petitioner has approached the Senior Geologist as also the Revenue Authorities as also the jurisdictional police by giving representations produced and the same has been of no avail.
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Nonetheless, the petitioner is required to make the payments even in the nature of advance royalty as the petitioner is permitted extraction of 5000 MT per month for which advance royalty is paid and the petitioner is required to extract only such quantity but in view of the impossibility which has been created by the 3rd and 4th respondent and the inaction on the part of the other official respondents, the petitioner's lease has suffered. The petitioner has a right to carry out the quarrying operations without any let or hindrance and it is a statutory right. The authorities under an obligation to ensure that their properties for which lease is granted is kept free from any obstacles in the nature complained of from any third parties for carrying out the quarry operations. Petitioner has made a demand requiring their interference. Besides, the intervention with the lawful quarrying activities is also an offence. In that view of the matter, the petitioner has sought for a mandamus for a immediate action at the hands of the respondents considering that the petitioner is having a lease for the remaining period of three years and every month of delay counts for the nature of investments made, salaries paid, rentals and the maintenance of the quarrying equipment's and the advance royalties paid. Therefore, there is a serious prejudiced which has been caused on account of the inaction on the part of the official respondent to ensure that the 3rd and 4th respondents are restricted to carry out sand filter operations within their designated area within their outflow of the debry or the water percolation into the lawfully leased mining pits of the petitioner. In
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that view of the matter a writ of mandamus is sought for."
No order as to costs.
Sd/ACTING CHIEF JUSTICE
Sd/-
JUDGE
CS
2 issues framed by the court
Whether a writ of mandamus can be issued under Articles 226 and 227 of the Constitution of India to private respondents in a dispute regarding mining lease operations.
Whether the official respondents have a corresponding statutory duty to interfere in a purely civil dispute between a lessee and third parties affecting quarry operations.
1 provisions across 1 enactments
SRI C PATALAPPA
JOINT DIRECTOR OF MINES AND GEOLOGY SOUTH ZONE MYSORE DIST
SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY
PRAKASH
MUNIRAJ
SATISH CHANDRA SHARMA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
