Shivarajappa Vs State of Karnataka

WRIT PETITION NO. 1234 OF 2025 (GM-MM_S) WRIT PETITION NO. 1318 OF 2025 (GM-MM_S) WRIT PETITION NO. 1360 OF 2025 (GM-MM_S) WRIT PETITION NO. 3705 OF 2025 (GM-MM_S) WRIT PETITION NO. 7211 OF 2025 (GM-MM_S) WRIT PETITION NO. 7508 OF 2025 (GM-MM_S)

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IN WP No. 13204/2025

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BETWEEN:

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Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA

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SHIVARAJAPPA, S/O SHIVANAN KARAPPA, AGED ABOUT 43 YEARS, OCCUPATION: AGRICULTURE, MOBILE: 9844258904 AADHAR NO. 942984291177 PAN NO. NIL.

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H.R.NAJARAJA MURTHY, S/O LATE RAMALINGAPPA, AGED ABOUT 63 YEARS, OCCUPATION: AGRICULTURE, MOBILE: 8722325233

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HC-KAR

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AADHAR NO. 715986215783 PAN NO. NIL.

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H.B.SWAMY, S/O LATE BASAPPA, AGED ABOUT 60 YEARS, OCCUPATION: AGRICULTURE, MOBILE: 9945602073 AADHAR NO. 292499956517 PAN NO. NIL.

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VIJAYKUMAR, S/O CHENNABASAPPA, AGED ABOUT 38 YEARS, OCCUPATION: AGRICULTURE, MOBILE: 9632744364 AADHAR NO. 264765739818 PAN NO. AVNPVO813E

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MADAPPA, S/O LATE NAGAPPA, AGED ABOUT 52 YEARS, OCCUPATION: AGRICULTURE, MOBILE: 9740700325 AADHAR NO. 756815959083 PAN NO. NIL.

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H.M.UMESH, S/O MADAPPA, AGED ABOUT 38 YEARS, OCCUPATION: AGRICULTURE, MOBILE: 9743438205 AADHAR NO. 981299152357 PAN NO. AODPH2417K

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D.N.MAHADEVA PRASAD, S/O D.G.NAGARAJU, AGED ABOUT 35 YEARS, OCCUPATION: AGRICULTURE, MOBILE: 916260308100

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HC-KAR

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AADHAR NO. 856600992559 PAN NO. NIL.

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M.MALLESH, S/O LATE MAHADEVAPPA, AGED ABOUT 53 YEARS, OCCUPATION: AGRICULTURE, MOBILE: 6360862484 AADHAR NO. 335554196359 PAN NO. NIL.

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THE PETITIONERS NO. 1 TO 8 ARE ALL R/O HEGGOTARA VILLAGE, DISTRICT-CHAMARAJANAGAR, PINCODE: 571 313.

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(NONE OF THE PETITIONERS HAVE NO E-MAIL) …PETITIONERS

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(BY SRI SOMASHEKAR KASHIMATH, ADVOCATE)

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AND:

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STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, (MINES) -2, VIKASA SOUDHA, BANGALORE- 560 001.

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DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT, TASK FORCE (MINES) CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 313.

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DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, CHAMRAJANAGAR DISTRICT,

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HC-KAR

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CHAMRAJANAGAR-571 313.

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SENIOR GEOLOGIST, OFFICE OF THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, NO.318, 317, 3^RD FLOOR, DISTRICT ADMINISTRATION BUILDING, CHAMARAJANAGAR TALUK AND DISTRICT, PINCODE-571 313.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES 2018 PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE QUARRY LICENCES AS PER ANNEXURE-Y ISSUED BY THE RESPONDENT No-4 TO THE LICENCE HOLDERS AS PER THE LICENCES ANNEXURE-E TO O ETC.

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IN WP NO. 1234/2025 BETWEEN:

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SYED FAROQ AHMED, S/O SYED ABDUL JABBAR, AGED ABOUT 53 YEARS, R/AT SPS COMPLEX, OPP TO KSFC, VANIYAR STREET, CHAMARAJANAGAR-571 313.

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...PETITIONER

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(BY SRI B V VIDYULATHA, ADVOCATE)

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AND:

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STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, (MINES) -2, VIKASA SOUDHA,

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HC-KAR

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BANGALORE-560 001.

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DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT, TASK FORCE (MINES), CHAMRAJANAGAR DISTRICT, CHAMRAJANAGAR-571 313.

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DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, CHAMRAJANAGAR DISTRICT, CHAMRAJANAGAR-571 313.

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SENIOR GEOLOGIST, OFFICE OF THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, NO.318, 317, 3^RD FLOOR, DISTRICT ADMINISTRATION BUILDING, CHAMARAJANAGAR TALUK AND DISTRICT.

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...RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER SIMILAR WRIT ORDER OR DIRECTION, QUASHING PORTION OF THE PROCEEDINGS DATED 04.11.2024 OF THE 3^RD RESPONDENT, DISTRICT TASK FORCE (MINES) AT SL. NO.5 AT ANEXURE-J-1 TO THE PETITION IN SO FAR AS PETITIONER IS CONCERNED ETC.

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IN WP NO. 1318/2025

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BETWEEN:

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SRI SYED RAFI, S/O SYED BAKSHU,

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AGED ABOUT 58 YEARS, R/AT 2/142, RAHMATHNAGAR, SATHI ROAD, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR-571 313.

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...PETITIONER

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(BY SRI B V VIDYULATHA, ADVOCATE)

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AND:

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STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, (MINES) -2, VIKASA SOUDHA, BANGALORE-560 001.

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DIRECTOR, DEPARTMETN OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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DEPUTY COMMISSIOENR AND CHAIRMAN DISTRICT, TASK FORCE (MINES), CHAMRAJANAGAR DISTRICT, CHAMRAJANAGAR-571 313.

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DEPUTY DIRECTOR, DEPARTMETN OF MINES AND GEOLOGY, CHAMRAJANAGAR DISTRICT, CHAMRAJANAGAR-571 313.

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SENIOR GEOLOGIST, OFFICE OF THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, NO. 318, 317, 3^RD FLOOR, DISTRICT ADMINISTRATION BUILDING, CHAMARAJANAGAR TALUK AND DISTRICT.

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...RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT OF CERTIORARI OR ANY OTHER SIMILAR WRIT OR ORDER OR

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HC-KAR

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DIRECTION, QUASHING PORTION OF THE PROCEEDINGS DATED 04/11/2024 OF THE 3^RD RESPONDENT, DISTRICT TASK FORCE (MINES) AT SL.NO.5 AT ANNEXURE-J-1 TO THE PETITION IN SO FAR AS THE PETITIONER IS CONCERNED ETC.

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IN WP NO. 1360/2025

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BETWEEN:

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SRI S MANIKANTA, S/O L SUBBA RAO, AGED ABOUT 35 YEARS, R/AT #22/169, 1^ST CROSS, BRAMRAMBA EXTENSION, CHAMARAJANAGAR-571 111.

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...PETITIONER

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(BY SRI B V VIDYULATHA, ADVOCATE)

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AND:

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STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, (MINES) -2, VIKASA SOUDHA, BANGALORE-560 001.

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DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT, TASK FORCE (MINES) CHAMRAJANAGAR DISTRICT, CHAMRAJANAGAR-571 313.

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DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, CHAMRAJANAGAR DISTRICT, CHAMRAJANAGAR-571 313.

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HC-KAR

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SENIOR GEOLOGIST, OFFICE OF THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, NO.318, 317, 3^RD FLOOR, DISTRICT ADMINISTRATION BUILDING, CHAMARAJANAGAR TALUK AND DISTRICT.

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...RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1.ISSUE A WRIT OF CERTIORARI OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION, QUASHING PORTION OF THE PROCEEDINGS DATED 04/11/2024 OF THE 3^RD RESPONDENT, DISTRICT TASK FORCE (MINES) AT SL.NO.5 AT ANNEXURE-J-1 TO THE PETITION, IN SO FAR AS PETITIONER IS CONCERNED ETC.

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IN WP NO. 3705/2025

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BETWEEN:

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VEERABHADRA P, S/O LATE PUTTIYAPPA, AGED ABOUT 51 YEARS, R/O AMBEDKAR STREET, GOPISETTYUR, RAMAPURA POST, HANUR TALUK, CHAMARAJANAGAR DISTRICT-571 444.

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...PETITIONER

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(BY SRI SHIVA KUMAR K B, ADVOCATE)

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AND:

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

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HC-KAR

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THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, NO.49, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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THE DEPUTY COMMISSIONER AND CHAIRMAN, DISTRICT TASKFORCE (MINES) COMMITTEE, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 313.

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THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, NO.316, 317, 3^RD FLOOR, DISTRICT ADMINISTRATION BUILDING, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 313.

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...RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A WRIT OF CERTIORARI OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION, QUASHING THE PORTION OF THE PROCEEDINGS DATED 04.11.2024 OF THE 3^RD RESPONDENT i.e., THE DISTRICT TASKFORCE COMMITTEE (MINES) AT Sl. No. 5 OF ANNEXURE-A TO THE PETITION, IN SO FAR AS THE PETITIONER IS CONCERNED, IN THE INTEREST OF EQUITY AND JUSTICE ETC.

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IN WP NO. 7211/2025

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BETWEEN:

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SMT. S SHIVAGAMI, D/O SRIRANGA, AGED ABOUT 44 YEARS, GOPICHETTIYURU-II, RAMAPURA POST, KOLLETAL TALUK, CHAMARAJANAGAR DISTRICT-571 444.

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HC-KAR

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VEERABHADRA P, S/O LATE PUTTIYAPPA, AGED ABOUT 51 YEARS, R/O GOPISETTYUR-II, RAMAPURA POST, HANUR TALUK, CHAMARAJANAGAR DISTRICT-571 444.

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...PETITIONERS

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(BY SRI SHIVA KUMAR K B, ADVOCATE)

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AND:

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

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THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, NO.49, KHANIJA BHAVAN,

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RACE COURSE ROAD, BENGALURU-560 001.

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THE DEPUTY COMMISSIONER AND CHAIRMAN, DISTRICT TASKFORCE (MINES) COMMITTEE, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 313.

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THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, NO. 316, 317, 3^RD FLOOR, DISTRICT ADMINISTRATION BUILDING, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 313.

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...RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A WRIT OF CERTIORARI OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION, QUASHING THE PORTION OF THE PROCEEDINGS DATED 04.11.2024 OF THE 3^RD RESPONDENT i.e. THE DISTRICT TASKFORCE COMMITTEE

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HC-KAR

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(MINES) AT Sl. No. 5 OF ANNEXURE-A TO THE PETITION, IN SO FAR AS THE PETITIONERS ARE CONCERNED, IN THE INTEREST OF EQUITY AND JUSTICE ETC.

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IN WP NO. 7508/2025

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BETWEEN:

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M/S PLATINUM GRANITE EXPORTERS, #6/170, G.K. MOHALLA, G.P.ROAD, CHAMARAJANAGARA TOWN AND DISTRICT-571 313, REP. BY ITS PARTNER, SRI M AHAMED-UL-HAQ, S/O G M ZIA-UL-HAQ, AGED ABOUT 70 YEARS, R/AT NO. 6/170, G.P. ROAD, A.P. MOHALLA, CHAMARAJANAGAR-571 313.

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...PETITIONER

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(BY SRI B V VIDYULATHA, ADVOCATE)

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AND:

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STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, (MINES)-2, VIKASA SOUDHA, BENGALURU-560 001.

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DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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DEPUTY COMMISSIONER AND CHAIRMAN, DISTRICT TASK FORCE (MINES), CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 313.

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DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, CHAMARAJANAGAR DISTRICT,

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HC-KAR

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CHAMARAJANAGAR-571 313.

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SENIOR GEOLOGIST, OFFICE OF THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, NO.318, 317, 3^RD FOOR, DISTRICT ADMINISTRATION BUILDING, CHAMARAJANAGAR TALUK AND DISTRICT-571 313.

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...RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTILCE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT OF CERTIORARI OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION, QUASHING PORTION OF THE PROCEEDINGS DATED 04.11.2024 OF THE 3^RD RESPONDENT, DISTRICT TASK FORCE (MINES) AT Sl. No. 5 AT ANNEXURE-H-1 TO THE PETITION, IN SO FAR AS PETITIONER IS CONCERNED ETC.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and

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HON'BLE MR. JUSTICE C M JOSHI

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ORAL ORDER

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(PER: HON’BLE MR. JUSTICE C M JOSHI)

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The petitioners in WP.No.13204/2025 are residents of Heggotara and Muttige villages of Chamarajanagar District. They have filed the petition claiming that they are affected by the quarry licences issued by respondent No.4 [ Deputy Director,

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Department of Mines and Geology ] to the license holders and praying that the quarry licences (Annexures-E to O) granted to the respondents be quashed.

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The grievance of petitioners is that the quarrying activity conducted by the licencees in Sy.No.159 of Heggotara Village and Sy.No.239 of Muthige Village, both of which are Gomala lands, is affecting the extent of the grazing lands for the cattle of their villages; that the blasting and such other activities have resulted in cracks to the buildings of the villagers; and the mining activities are causing nuisance for the villages as the dust and other pollutants affect their health. Therefore, they had submitted representations to respondent No.4 to cancel the quarry leases. They had also approached the District Legal Services Authority [ DLSA ], Chamarajanagar. The concerned official had examined the allegations and had submitted a report to the Deputy Commissioner. The Task Force Committee, which is headed by the Deputy Commissioner, had considered the grievances and had recommended cancellation of the quarry licences by passing a resolution.

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HC-KAR

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Being aggrieved by the resolution of Task Force Committee headed by the Deputy Commissioner, Chamarajanagara and the notice issued by respondent No.4 [Deputy Director], the licencees/lessees have impugned the same in WP.No.1234/2025, WP.No.1318/2025, WP.No.1360/2025, WP.No.3705/2025, WP.No.7211/2025 and WP.No.7508/2025.

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The lessees have questioned the proceedings of the Task Force Committee and the show-cause notices issued to them by respondent No.4 contending that; a) they had obtained all the clearances from the statutory authorities and only after such clearances, the quarry licenses were granted to them; b) large number of people of Heggotara and Muttige Villages are depending on the quarry for their livelihood; and c) DLSA, Chamarajanagara though has given a report to the Deputy Commissioner, has no authority to advise the task force and has no jurisdiction to hold any enquiries in respect of the quarry licences. Therefore, they have sought for quashing of the proceedings of the Task Force Committee and to direct respondent No.4 to independently consider the matter.

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HC-KAR

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Learned counsel appearing for the petitioners (villagers) in WP.No.13204/2025 submitted that the report of the DLSA dated 03.10.2024 throws light on various aspects and the illegalities that have crept in granting of the quarry licences. He submitted that the DLSA has helped the villagers in bringing such illegalities committed to the notice of the Task Force and that the Task Force in its proceedings dated 04.11.2024 has after examining the same recommended the respondent No.4-Deputy Director to act upon it. The grounds mentioned in the WP.No.13204/2025 are reiterated by him to contend that the quarry licences being detrimental to the petitioners and the villagers, are to be quashed.

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The learned counsels appearing for the licencees has also re-iterated the contentions and has submitted that before the licences are either cancelled or any other action is taken, the licencees are required to be heard. The Learned counsels appearing for the petitioners in WP.No.7211/2025 and WP.No.3705/2025 submit that the respondent No.4 had also issued show-cause notices seeking payment of the dead rent of the leased premises after the petitioners in WP.No.7211/2025 were

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HC-KAR

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asked to stop the quarrying activities. Such actions are also unwarranted and without following the principles of natural justice.

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The controversy involves quarrying in a portion of the land in

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Sy.No.159 of Heggotara Village measuring 250.19 acres and in Sy.No.239 of Muttige Village measuring 127.23 acres. Respondent No.4 issued the quarry licences for quarrying of the building stone under various licences as below:

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Sl. No.	Licence No.	Sy. No.	Date	Annexure	In favour of petitioners in WP.No.	Extent (A-G)
1	299	239	10.11.2017	E	7211/2025	1.30
2	257	159	21.05.2020	F	-	4.0
3	289	239	17.09.2021	G	7211/2025	0.20
4	290	239	17.09.2021	H	7211/2025	0.20
5	311	159	24.09.2021	J	1360/2025	2.0
6	312	239	07.12.2022	K	3705/2025	6.20
7	315	159	01.06.2023	L	1318/2025	2.0
8	316	159	01.06.2023	M	1234/2025	2.0
9	317	159	23.06.2023	N	7508/2025	1.0
10	318	159	23.06.2023	O	7508/2025	2.0

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HC-KAR

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Some of the petitioners in WP.No.13204/2025 had approached the DLSA airing their grievances about the quarry licences issue as noted above. The Chairman and Secretary of the DLSA had examined the contentions raised and gave a report to the Deputy Commissioner, who was heading the Task Force Constituted under Government Order No.CI-194-MMM-2005, Bengaluru dated 16.11.2005. The Task Force in its proceedings dated 04.11.2024 examined the report and passed the resolution as below:

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"As per Rule 97(1) of the Karnataka Land Revenue Rules 1966, 12.00 Hectares of separate Government Land has to be reserved as Gomala for every 100 Cattle in every village. In case, if there is no any Gomala in a Village as per Rule 97(3) of the Karnataka Land Revenue Rules 1966 or the existing land is less than the land as stipulated under Rule 97(1) of the Karnataka Land Revenue Rules 1966, the Rules says that the shortage of land can be filled by keeping the government land available in adjacent village separately as Gomala.

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By reiterating the said Rule as per the Government, Circular No: RD:02:LGP 2021, dated: 24.02.2022, and as per the Letter of the Hon'ble Principal District and Session Judge and District Legal Service Authority, and as per Rule 97(1), 97(3) of the Karnataka Land Revenue Rules 1966, an extent of 963.00 Acres of Gomala Land is required for a total of 3132 number of Cattle in Heggotara and Muthige village. However, at present, only 270.23 Acres in Heggotara Village, 127.23 Acres in Muttige Village and 220.00 Acres in Govindavadi Village, thus a total of 618.06 Acres Gomala land is available. In

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HC-KAR

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the background that, as there is no Gomala Land is available as per Rules, it is decided in the meeting to commence the process as per rules, after serving the Notice in connection with cancellation of Lease granted in Heggotara and Muttige Village.

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(Action: Senior Geologist, Mines & Geology Department, Chamarajanagara).

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The meeting was concluded with vote of thanks."

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It is relevant to note that the Task Force is constituted under Section 23C of the Mines and Minerals (Development and Regulation) Act, 1957 [ MMDR Act ] on the basis of a recommendation made by the Ministry of Mines, Government of India. The said recommendation was in respect of the major minerals. The Central Government had acted on a recommendation of the Parliamentary Standing Committee on Coal and Steel. It is pertinent to note that the powers of the task force are only to monitor and recommend suitable actions, to be taken by the competent authorities under the MMDR Act. Prima facie, the Task Force cannot take any action independently.

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The licences for quarrying of the building stones are issued under the Karnataka Minor Mineral Concession Rules, 1994 [ KMMC Rules ]. It is relevant to note that under Section 23C of the MMDR Act, there is no power vested with such taskforce to take

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HC-KAR

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any action bypassing the Competent Authority. The provisions of

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the Section 23C of the MMDR Act are extracted as below:

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23C. Power of State Government to make rules for preventing illegal mining, transportation and storage of minerals.―(1) The State Government may, by notification in the Official Gazette, make rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected therewith.

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(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:―

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(a) establishment of check-posts for checking of minerals under transit;

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(b) establishment of weigh-bridges to measure the quantity of mineral being transported;

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(c) regulation of mineral being transported from the area granted under a prospecting licence or a mining lease or a quarrying licence or a permit, in whatever name the permission to excavate minerals, has been given;

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(d) inspection, checking and search of minerals at the place of excavation or storage or during transit;

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(e) maintenance of registers and forms for the purposes of these rules;

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(f) the period within which and the authority to which applications for revision of any order passed by any authority be preferred under any rule made under this section and the fees to be paid therefore and powers of such authority for disposing of such applications; and

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(g) any other matter which is required to be, or may be, prescribed for the purpose of prevention of illegal mining, transportation and storage of minerals.

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(3) Notwithstanding anything contained in section 30, the Central Government shall have no power to revise any order passed by a State Government or any of its authorised officers

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HC-KAR

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or any authority under the rules made under sub-sections (1) and (2).”

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Thus, Section 23C does not confer any power on the Task Force. The preamble to the proceedings of the Government as may be found in the Government Order No.CI-194-MMM-2005, Bengaluru dated 16.11.2005 read as below:

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"The Secretary to Government of India, Ministry of Mines, New Delhi in his letter read above has stated that even though Section 23-C was incorporated in the Mines and Minerals (Development and Regulation) Act 1957, empowering the State Government to make rules for preventing illegal mining, transportation and storage of minerals and draft model rules to curb illegal mining were also circulated to all the State Government for framing rules towards this purpose and other amendments were also brought into MM(D&R) Act 1957 to strengthen the legal provisions for curbing illegal mining, despite this instances of illegal mining have been coming to the notice of the Central Government. The Parliamentary Standing Committee on Coal and Steel while examining the matter of illegal mining has expressed deep concern at the large number of cases the illegal mining and asked to lake urgent steps for effecting curbing this menace. In the meeting held on 07.07.2005 with the major mineral producing states, the State Governments were advised to constitute Task Force / Flying Squads having a representation from Indian Bureau of Mines (IBM) for monitoring and checking mining matters including illegal mining. Accordingly, by sending a model composition of such Task Force at the State Level and District Level, requested to initiate immediate action for constitution of Task Force/Flying Squads in the State for curbing illegal mining."

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So far as the letter by DLSA is concerned, it can be construed as a recommendation to be considered by the

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Competent Authority. It also does not have any independent authority or jurisdiction concerning the cancellation of the Quarry Licences. The grievance of the villagers having found favour by the DLSA, it has addressed a letter to Deputy Commissioner on 03.10.2024, which is in the form of a Report. As noted above, the letter was considered in the meeting of the task force and a resolution came to be passed as above. The resolution also can only have a persuasive value to the Competent Authority and nothing more. The question whether the quarry licences are required to be cancelled has to be considered by the Competent Authority – the respondent no. 4 and 5.

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The provisions of Rules 6 to 8 of the KMMC Rules provide for the action to be taken in case of violation of any quarry leases leading to cancellation. Therefore, the resolution of the Task Force can only have limited scope in its applicability to the quarry leases falling under KMMC Rules. It is also relevant to note that the contentions of the licencees in their writ petitions are that they had obtained all the clearances from the Revenue Department, Forest Department, Environment Clearance by State Level Environment

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Impact Assessment Authority and finally by the Deputy Director and Senior Geologist of the Department of Mines and Geology. It is also their contention that the quarrying site, as may be seen from the Google map, is more than two kilometers away from human habitation. Therefore, before any action being taken to stop the quarry, the licencees ought to be heard by the competent authority.

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Under these circumstances, we direct that the report of the DLSA dated 03.10.2024 and the resolution of the task force dated 04.11.2024 be considered as a representation to the competent authority and the competent authority has to take an independent decision after hearing the licencees.

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The grievance aired by the petitioners in WP.No.13204/2025 and the apprehensions of the petitioners in WP.No.1234/2025, WP.No.1318/2025, WP.No.1360/2025, WP.No.3705/2025, WP.No.7211/2025 and WP.No.7508/2025 will be considered by the competent authority in accordance with the KMCC Rules. Needless to mention that the licencees having already been granted with the licences, are also to be heard before any action is taken affecting their right under the licences.

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