Disposed¶53

Sri K. Chetan v. the State of Karnataka

Karnataka HC10 Jun 2025WP/14780/2025

Case brief

AI extract

What is this about?

Building stone mining lease; stop-mining direction by Senior Geologist (Dept. of Mines and Geology); challenge for absence of show cause notice; order treated as show cause notice; reply and final decision within eight weeks; Forest Department report/coordination due to alleged forest land encroachment; District Task Force Committee; Karnataka (Chikkamagaluru/Kadur); writ under Articles 226 and 227 seeking certiorari; disposal on statements of counsel; pending IAs disposed.

What did the court decide?

Writ petition disposed of on the basis of the respondents' statement: the order dated 09.05.2025 to be treated as a show cause notice; petitioner to file his reply; respondents to take a final decision thereon, after Forest Department coordination/report, within eight weeks as an outer limit; pending IAs disposed of. ¶53

Sri K. Chetan Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the communication/order dated 09.05.2025 directing stoppage of building stone mining was sustainable when no show cause notice had been issued to the petitioner before it was passed.

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Court's answer

The order dated 09.05.2025 is to be treated as a show cause notice to the petitioner, who may submit his reply to it.

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Ratio / Principle

The respondents shall take a final decision on the show cause notice dated 09.05.2025 after obtaining a report from the Forest Department, within eight weeks from the date of the order as an outer limit.

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Detailed headnote1 paragraphs

Karnataka High Court, Division Bench (V Kameswar Rao, Acting Chief Justice, and C M Joshi, J.), disposed of Writ Petition No. 14780 of 2025 (GM-MM-S) filed under Articles 226 and 227 of the Constitution by Sri. K. Chetan, challenging the communication bearing No.MGD/SGC/SML/2025-26/480 dated 09.05.2025 (Annexure-A) issued by respondent 8 (Senior Geologist, Department of Mines and Geology), which directed stoppage of building stone mining, inventory and transport in the petitioner's leased premises until further decision of the District Task Force Committees. The petition was pressed on the single plea that no show cause notice preceded the order dated 09.05.2025. On the learned Senior Counsel's suggestion and the learned AGA's statement (including that the petitioner had encroached forest land requiring Forest Department coordination), the Court directed that the order dated 09.05.2025 be treated as a show cause notice; the petitioner to submit his reply, and the respondents to take a final decision thereon after a Forest Department report, within eight weeks as an outer limit. Pending interlocutory applications were disposed of.

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NC: 2025:KHC:19589-DB WP No. 14780 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JUNE, 2025

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PRESENT

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THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 14780 OF 2025 (GM-MM-S)

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BETWEEN:

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SRI. K. CHETAN S/O. SRI. K. M. KEMPARAJU, AGED ABOUT 35 YEARS, RESIDING AT MARAVANJI ROAD, KADUR, CHIKKAMAGALURU – 577 101.

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…PETITIONER

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(BY SRI. VIKRAM S. HUILGOL, SENIOR COUNCIL ALONG WITH SRI. T. S. VENKATESH, ADVOCATE)

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AND:

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Digitally 1. THE STATE OF KARNATAKA signed by K G DEPARTMENT OF FOREST, RENUKAMBA BY ITS PRINCIPAL CHIEF CONSERVATOR OF FOREST, Location: 4TH FLOOR, ARANYA BHAVAN, High Court of 18TH CROSS, MALLESHWARAM, Karnataka BANGALORE – 560 003.

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THE STATE OF KARNATAKA SECRETARY DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, SHESHADRIPURAM, BANGALORE – 560 001.

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2 - NC: 2025:KHC:19589-DB WP No. 14780 of 2025

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HC-KAR

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THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE CHIKAMAGALUR DISTRICT, CHICKMAGALUR – 577 101.

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THE ASSISTANT COMMISSIONER SUB-DIVISION, TARIKERE – 577 228.

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THE DEPUTY CONSERVATOR OF FOREST CHIKMAGALURU DIVISION, CHIKMAGALURU – 577 101.

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THE ASSISTANT CONSERVATOR OF FOREST AND T A TO DEPUTY CONSERVATOR OF FOREST, CHIKMAGALURU DIVISION, CHIKMAGALURU – 577 101.

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RANGE FOREST OFFICER KADUR RANGE, K.M. ROAD, KADUR - 577 548.

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, CHIKMAGALURU – 577 101.

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…RESPONDENTS

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(BY MS. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a. CALL FOR RECORDS WHICH LED TO ISSUANCE OF DIRECTION TO THE PETITIONER TO STOP BUILDING STONE MINING, INVENTORY AND TRANSPORT IN LEASED PREMISE WITH IMMEDIATE EFFECT UNTIL THE FURTHER DECISION OF DISTRICT TASK FORCE COMMITTEES b. TO ISSUE A WRIT OF CERTIORARI, OR ANY OTHER WRIT , ORDER OR DIRECTION THEREBY QUASHING THE COMMUNICATION BEARING No.MGD/SGC/SML/2025-26/480 DATED 09.05.2025 (No.GaBhoE/HiBhoChi/Ka.Ga.Gu/2025-26/480 DATED 09.05.2025) (ANNEXURE-A) ISSUED BY THE 8^TH RESPONDENT c. ISSUE SUCH OTHER ORDER/ORDERS AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE INCLUDING COSTS.

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

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3 - NC: 2025:KHC:19589-DB WP No. 14780 of 2025

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HC-KAR

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CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI

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ORAL ORDER

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(PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE)

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Though the writ petition has been filed by the petitioner with the following prayer:

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“Wherefore, it is respectfully prayed this

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Hon’ble Court may be pleased to issue:

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a. Call for records which led to issuance of direction to the Petitioner to stop Building Stone Mining, inventory and transport in leased premise with immediate effect until the further decision of District Task Force Committees.

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b. To issue a Writ of Certiorari, or any other writ, order or Direction thereby quashing the Communication bearing No.MGD/SGC/SML/2025-26/480 dated 09.05.2025

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(No.GaBhoE/HiBhoChi/Ka.Ga.Gu/2025-26/480 dated 09.05.2025) (Annexure-A) issued by the 8^th Respondent;

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c. Issue such other order/orders as deemed fit in the circumstances of the case including costs;”

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NC: 2025:KHC:19589-DB WP No. 14780 of 2025

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HC-KAR

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On the last date of hearing, Sri. Vikram S. Huilgol, learned Senior Counsel appearing for the petitioner had submitted that he shall press the writ petition on one plea that no show cause notice was issued to the petitioner before the order dated 09.05.2025, was passed. He also suggested that the order dated 09.05.2025, be treated as a show cause notice to enable the petitioner file reply to the same for the respondents to take a final decision.

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The learned Additional Government Advocate appearing

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for the respondents sought time to take instructions.

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On instructions, the learned AGA appearing for the respondents would submit that the order dated 09.05.2025 shall be treated as a show cause notice to the petitioner to enable him to reply to the same. She also states that, as the petitioner has encroached the forest land, the respondents need to coordinate with the Forest Department before taking a final decision. In that regard, she states that the final decision shall be taken within eight weeks from today.

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If that be so, Sri. Vikram S. Huilgol, submits that the reply to the order dated 09.05.2025 (now show cause notice) shall be filed within one week from today.

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NC: 2025:KHC:19589-DB WP No. 14780 of 2025

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HC-KAR

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In view of the above, the respondents shall take a final decision on the show cause notice dated 09.05.2025, on the basis of the reply to be submitted by the petitioner and after taking a report from the Forest Department, within eight weeks from today as an outer limit.

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The writ petition is disposed of.

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Pending IAs if any, shall stands disposed of.

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Sd/(V KAMESWAR RAO) ACTING CHIEF JUSTICE

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Sd/(C M JOSHI) JUDGE

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SMC List No.: 1 Sl No.: 1 CT:SK

Sri K. Chetan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri K. Chetan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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