Ganesh Bhat, Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Ganesh Bhat, Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with a direction that respondent No.4 (Senior Geologist & Competent Authority) take an appropriate decision in accordance with law on the petitioner's representation dated 31.12.2024 on or before 15.02.2025; no expression on merits.

Issue for consideration

Whether the 4th respondent Senior Geologist & Competent Authority should consider and decide the petitioner's representation dated 31.12.2024 seeking permission to carry out uninterrupted quarrying operations through controlled blasting permissible under newly amended KMMC Rule 6(2) in respect of quarry lease QL No.28.

Court's answer

The competent Authority - respondent No.4 is required to go into the grievance of the petitioner and decide the representation dated 31.12.2024; as submitted by the learned Additional Government Advocate and accepted by the Court, the decision is to be taken in accordance with law on or before 15.02.2025.

Ratio / Principle

This Court has not gone into the merits of the case of the petitioner nor has expressed anything on the merits.

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution by Ganesh Bhat praying for a writ of mandamus directing the 4th respondent Senior Geologist & Competent Authority, Department of Mines & Geology, Madikeri, to consider his representation dated 31.12.2024 (Annexure-A) permitting him to carry out uninterrupted quarrying operations through controlled blasting permissible under newly amended KMMC Rule 6(2) effective from 17.03.2023, in respect of a live quarry lease deed dated 29.07.2017 at QL No.28 over an area of 01.20 acres in Sy.No.36/1 of P. Peraje village, Madikeri taluka, valid till 28.07.2037 (Annexure-B). The learned Additional Government Advocate (Smt. Niloufer Akbar), upon advance service, submitted that the representation was very recent and respondent No.4 would take an appropriate decision in accordance with law on or before 15.02.2025. The Bench (Coram: Chief Justice N. V. Anjaria and Justice M.I.Arun; order per the Chief Justice) disposed of the petition, expressly recording that it had not gone into the merits nor expressed anything on the merits, and that the Competent Authority is required to go into the grievance of the petitioner and decide the representation.

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NC: 2025:KHC:2977-DB WP No. 1371 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF JANUARY, 2025

PRESENT

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

AND

THE HON'BLE MR JUSTICE M.I.ARUN

WRIT PETITION NO. 1371 OF 2025 (GM-MMS)

BETWEEN:

GANESH BHAT, S/O SATHYANARAYANA BHAT, AGED ABOUT 56 YEARS, NO.2-28/1, ODABAI HOUSE, SULYA TALUK, DK DISTRICT-574 239.

…PETITIONER

(BY SRI. RAVINDRA GAJANAN KOLLE, ADVOCATE)

AND:

Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, ROOM NO.320 3^RD FLOOR, VIDHANA SOUDHA, BENGALURU-560 001,

THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF COMMERCE & INDUSTRIES ROOM NO.135, FIRST FLOOR, VIKASA SOUDHA, BENGALURU-560 001,

2 - NC: 2025:KHC:2977-DB WP No. 1371 of 2025

THE DIRECTOR & COMMISSIONER DEPT. OF MINES & GEOLOGY NO.49, KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560 001

THE SENIOR GEOLOGIST & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY, MADIKERI-571 201, KODAGU DISTRICT,

…RESPONDENTS

(BY SMT. NILOUFER AKBAR, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING 4TH RESPONDENT SENIOR GEOLOGIST TO CONSIDER THE REPRESENTATION DATED 31/12/2024 SUBMITTED BY THIS PETITIONER PRODUCED AT ANENXURE-A, PERMITTING HIM TO CARRYOUT UN-INTERRUPTED QUARRYING OPERATIONS THROUGH CONTROLLED BLASTING PERMISSIBLE UNDER NEWLY AMENDED KMMC RULE 6(2) EFFECTIVE FROM 17/03/2023 IN RESPECT OF A LIVE QUARRY LEASE DEED DATED 29/07/2017 AT QL NO.28 OVER AN AREA OF 01.20 ACRES IN SY.NO.36/1 OF P. PERAJE VILLAGE IN MADIKERI TALUKA VALID TILL 28/07/2037 PRODUCED AT ANNEXURE-B.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

3 - NC: 2025:KHC:2977-DB WP No. 1371 of 2025

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

ORAL ORDER

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

The only prayer in this writ petition filed under Articles 226 and 227 of the Constitution requires the respondentCompetent Authority to decide the representation of the petitioner dated 31.12.2024, which is produced on record of the petition at Annexure-A

Learned Additional Government Advocate

Mrs. Niloufer Akbar, who appears on behalf of the respondents, upon service of copy of the petition in advance, is justified in submitted that the representation is very recent and respondent No.4 shall take appropriate decision in accordance with law on or before 15.02.2025.

This Court has not gone into the merits of the case of the petitioner nor has expressed anything on the merits since the

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NC: 2025:KHC:2977-DB WP No. 1371 of 2025

competent Authority-respondent No.4 is required to go into the grievance of the petitioner and decide the representation.

The petition stands disposed of accordingly.

SD/(N. V. ANJARIA) CHIEF JUSTICE

SD/(M.I.ARUN) JUDGE

VM List No.: 1 Sl No.: 29