Sri M R Thambi v. State of Karnataka

Karnataka HC18 Mar 2025WP/12725/2024

Case brief

AI extract

What is this about?

Karnataka HC WP No. 12725 of 2024 (GM-MM_S); writ under Articles 226 and 227, Constitution of India; quarry licence applications of M.R. Thambi and K. Raju (Kaduru, Chikkamagaluru) rejected by endorsement dated 08.10.2020 issued through respondent No.3 (Senior Geologist, Dept. of Mines and Geology); memo dated 26.11.2024 produced by AGA Niloufer Akbar; petition disposed of as not entertained on 18.03.2025; liberty to challenge endorsement on merits; bench: CJ N.V. Anjaria with Justice M.I. Arun; no monetary award; no precedent cited.

What did the court decide?

No substantive relief; the petition was disposed of as not entertained, with liberty preserved for the petitioners to challenge the rejecting endorsement on merits and in accordance with law. ¶¶42

Sri M R Thambi Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; the petition was disposed of as not entertained, with liberty preserved for the petitioners to challenge the rejecting endorsement on merits and in accordance with law.

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Issue for consideration

Whether the 2nd and 3rd respondent authorities (Joint Director and Senior Geologist, Department of Mines and Geology) should be directed to consider the petitioners' applications on priority basis and grant quarry licences in their favour.

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Court's answer

Since the petitioners' applications have already been considered and rejected by the endorsement dated 08.10.2020, no further adjudication survives in the present writ petition.

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Ratio / Principle

The disposal of the petition will not preclude the petitioners from challenging the endorsement/order dated 08.10.2020, if advised, to be considered strictly on merits and in accordance with law.

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Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), Division Bench of Chief Justice N.V. Anjaria (authoring) and Justice M.I. Arun, disposed of Writ Petition No. 12725 of 2024 (GM-MM_S) as not entertained on 18.03.2025. Filed under Articles 226 and 227 of the Constitution of India by two applicants from Kaduru, Chikkamagaluru district, the petition sought a direction to the Joint Director and Senior Geologist, Department of Mines and Geology (respondent Nos. 2 and 3) to consider their applications on priority basis and grant quarry licences. On the hearing date, the Additional Government Advocate (Smt. Niloufer Akbar) produced a memo dated 26.11.2024 enclosing an endorsement dated 08.10.2020 showing that respondent No.3 had considered and rejected the petitioners' applications. Holding that no further adjudication survived, the Court disposed of the petition, clarifying that the disposal would not preclude the petitioners from challenging the endorsement/order strictly on merits and in accordance with law. No precedents were cited and no quantum was awarded.

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NC: 2025:KHC:11099-DB WP No. 12725 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF MARCH, 2025

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PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 12725 OF 2024 (GM-MM_S)

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BETWEEN:

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SRI. M.R. THAMBI S/O. LATE M.RAJU AGED ABOUT 63 YEARS

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SRI. K.RAJU S/O. KANNAPPA AGED ABOUT 52 YEARS

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Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA

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BOTH ARE RESIDENTS OF VENKATESHWARA NAGAR KALGUNDI, KADURU TOWN CHIKKAMAGALURU DISTRICT-577 548.

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(BY SRI. N.R. NAIK, ADVOCATE)

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…PETITIONERS

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT (MSME AND MINES), VIKASA SOUDHA BENGALURU-560 001.

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THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY

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2 - NC: 2025:KHC:11099-DB WP No. 12725 of 2024

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NO.CA-4, 1^ST 'D' CROSS, 'I' BLOCK RAMAKRISHNAGAR MYSORE-570 022.

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY OFFICE OF THE SENIOR GEOLOGIST OFFICE OF THE SENIOR GEOLOGIST CHIKKAMAGALURU-577 101.

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SRI. C.H.VENKATANARAYANA REDDY S/O. SRINIVASA AGED MAJOR PROPRIETOR OF SRI. LAKSHMI VENKATESHWARA STONE CRUSHERS AND M. SAND RESIDENT OF CHANNAPURA ROAD KOTE CHIKKAMAGALURU-577 101.

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SRI. C. HARISH REDDY S/O C.H.V.N REDDY AGED ABOUT 29 YEARS RESIDENT OF SRINIVASA NILAYA 2ND FLOOR, CHANNAPURA ROAD VINAYAKANAGAR KOTE CHIKKAMAGALURU-577 101.

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SRI. G. ANANDA FATHER'S NAME NOT KNOWN, AGED MAJOR PROPRIETOR OF M/S. VASANTHA GEETHA STONE CRUSHER SY. NO. 253, MALLESHWARA VILLAGE KASABA HOBLI, KADUR TALUK CHIKKAMAGALURU DISTRICT-577 548.

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SRI. CHETHAN S/A. LATE K.M.KEMPARAJU AGED MAJOR PROPRIETOR OF M/S. PADMASHREE ENTERPRISES MALLESHWARA CROSS

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NC: 2025:KHC:11099-DB WP No. 12725 of 2024

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KADUR CROSS CHIKKAMAGALURU DISTRICT-577 548.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3; AS PER ORDER DATED 02.05.2024, NOTICE TO OTHER RESPONDENTS IS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 2ND AND 3RD RESPONDENT AUTHORITIES TO CONSIDER APPLICATIONS SUBMITTED BY THE PETITIONERS ON PRIORITY BASIS AND GRANT QUARRY LICENSE IN THEIR FAVOUR AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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4 - NC: 2025:KHC:11099-DB WP No. 12725 of 2024

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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The only prayer which could be pointed out by learned advocate for the petitioners and exists in the pleadings in this petition is for directing respondent Nos.2 and 3– the Joint Director and the Senior Geologist, Department of Mines and Geology to grant quarry licences in respect of the respective applications made by the petitioners.

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Today when the petition came up for consideration, learned Additional Government Advocate Smt. Niloufer Akbar invited the attention of the court to the memo dated 26.11.2024 filed on behalf of the respondent-authorities along with which, the endorsement dated 08.10.2020 is also produced.

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It is stated in the said endorsement that respondent No.3, after considering the applications of the petitioners, they have been rejected.

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NC: 2025:KHC:11099-DB WP No. 12725 of 2024

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Since the applications of the petitioners have been considered and rejected by the aforementioned endorsement dated 08.10.2020, no further adjudication survives in the present petition.

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The petition is accordingly disposed of as not entertained.

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It is clarified that the disposal of the petition will not preclude the petitioners to challenge the aforesaid endorsement/order, if advised, to be considered strictly on merits and in accordance with law.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(M.I.ARUN) JUDGE

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VMB

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List No.: 1 Sl No.: 47

Sri M R Thambi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri M R Thambi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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