Single-bench writ petition challenging orders directing suspension of quarrying activities. Court held impugned orders unsustainable due to lack of statutory backing, quashing them while reserving respondents' right to initiate lease cancellation proceedings.
The impugned orders dated 21.11.2020 are hereby quashed.
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 12TH DAY OF APRIL, 2021
PRESENT
THE HON’BLE Mr. ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE Mr. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION No. 3296/2021 (GM-MM-S) C/W
WRIT PETITION Nos. 3321/2021, 3324/2021,
3359/2021, 3374/2021(GM-MM-S)
W.P. No. 3296/2021
Between:
Sri. S.R. Bellary Son of late Rudrappa Aged about 48 years Residing at Mutebennur village Mutebennur Village Byadagi taluk Haveri Distrct – 581 110. … PETITIONER
(By Sri. Punith C, Adv.)
And :
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Bellary – 583 101.
(By Sri. Vikram Huilgol, AGA)
This Writ petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1081/2020-21 issued by the 3rd respondent as per Annexure-A and etc.,
W.P. No. 3321/2021
Between:
Sri. A.J.Kalakeri Son of Jandisab Kalkeri Aged About 46 Years Residing at #1152/A Gundikeri Plat, Hirevadhatti
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Mandargi Taluk Gadag District Pin code -582 113 …Petitioner
(By Sri Punith.C, Advocate)
And :
| 1. | State of Karnataka Represented by its Secretary Department of Mines and Geology Vidhana Soudha Bangalore -560 001. |
|---|---|
| 2. | The Joint Director Department of Mines and Geology North Zone Bellary -583 101. |
| 3. | Senior Geologist (Ore) Mines and Geology Department Gadag Pin Code -582 101 |
| 4. | The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore - 560 001 |
| 5. | The Deputy Commissioner Gadag District Gadag, Pin Code : 582 101 …Respondents |
| (By | Sri Vikram Huilgol, Additional Government Advocate) |
This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the
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nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA.BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1082/2020-21 issued by the 3rd respondent as per Annexure-A and etc.,
W.P.No.3324/2021
Between:
Sri Surendra Reddy Son of Adishesha Reddy Aged about 48 years Residing at Gururaghavendra Nilaya Mulugand Road, Lakshman sagar Gadag District Pin Code -582 101 …Petitioner
(By Sri Punith.C, Advocate)
And :
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(By Sri Vikram Huilgol, Additional Government Advocate)
This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1079/2020-21 issued by the 3rd respondent as per Annexure-A and etc.,
W.P. No. 3359/2021
Between:
Shiva Ganga Stone Crushing Industries Having office at #30/41, Flat No.35, 1st Floor, Madhura Estate Keshavapura, Hubballi Pin code -580 020 Represented by his Partner Sri Shashank Shettar …Petitioner
(By Sri Punith.C, Advocate)
And :
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Department of Mines and Geology Vidhana Soudha Bangalore.
(By Sri Vikram Huilgol, Additional Government Advocate)
This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUD/a/1085/2020-21 issued by the 3rd respondent as per Annexure-A and etc.,
W.P.No.3374/2021
Between:
Sri Jagadish M. Battur Son of Mahadevappa D Battur
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Aged about 42 years Residing at Mulagunda, Gadag Taluk Gadag District Pin code -582 117 …Petitioner
(By Sri Punith.C, Advocate)
And :
| 1. | State of Karnataka Represented by its Secretary Department of Mines and Geology Vidhana Soudha Bangalore-560 001. |
|---|---|
| 2. | The Joint Director Department of Mines and Geology North Zone Bellary -583 101. |
| 3. | Senior Geologist (Ore) Mines and Geology Department Gadag Pin Code -582 101 |
| 4. | The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore - 560 001 |
| 5. | The Deputy Commissioner Gadag District Gadag Pin Code : 582 101 …Respondents |
| (By | Sri Vikram Huilgol, Additional Government Advocate) |
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This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1077/2020-21 issued by the 3rd respondent as per Annexure-A and etc.,
These Writ Petitions coming on for Preliminary Hearing this day, CHIEF JUSTICE , passed the following;
O R D E R
The submissions were heard on the last date (8th April 2021). The facts of these cases are more or less identical. Therefore, we are referring to the facts of the case in W.P. No.3296/2021.
the Karnataka Minor Mineral Concession Rules, 1994 (for short "the said Rules of 1994"). The challenge in the petition is to the order dated 21st November, 2020 issued by the Senior Geologist (third respondent). By the said order, the petitioner was directed to stop the mining activity in the
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leased area. The first reason given in the said order is that in the meeting of the Gadag District Task Force (Mines) Committee, it was agreed that it is necessary to stop the mining activities within one kilometer from the boundary of Kappattagudda Wildlife Sanctuary. Therefore, the petitioner was instructed to stop the mining activity. In addition, it was also directed to stop mining in the sanctioned stone mining leased area.
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State Government to close all the activities of mining in a particular area. So long as the leases granted to the petitioners under the said Rules of 1994 are valid and subsisting, the mining activities on the basis of the leases cannot be prevented or stopped.
as the same are not supported by any provision of law. Accordingly, we pass the following;
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O R D E R
(i) The impugned orders at Annexure-A are hereby quashed;
(ii) It will be always open for the respondents to initiate
proceedings for cancellation of the leases, if they so desire;
(iii) The writ petitions are disposed of with the above directions.
Sd/CHIEF JUSTICE
Sd/JUDGE
LRS.
3 issues framed by the court
Whether an order by the District Task Force Committee to stop mining activities lacking statutory provision for such closure can be sustained.
Whether valid and subsisting mining leases can be prevented from operation by an order not supported by the Rules of 1994.
Whether proper action under Rule 6(3) or Section 19 of the MMDR Act was taken to address if any lease contravention existed.
3 provisions across 2 enactments
Sri. S.R. Bellary
State of Karnataka
Abhay S. Oka
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
