M/S Angel Granites, Vs Director

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 03.01.2025 GIVEN BY THE PETITIONER FIRM AT ANNEXURE-Q AND ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO ISSUE CORRIGENDUM WITH RESPECT TO THE QUARRYING LEASE/ LICENSE DEED DATED 24.10.2024 AT ANNEXURE-P TO AMEND THE NAMES OF THE PARTNERS OF THE PETITIONER FIRM IN THE QUARRYING LEASE/ LICENSE DEED DATED 24.10.2024 IN ACCORDANCE TO THE LATEST REGISTERED RECONSTITUTION DEED DATED 08.08.2007 VIDE ANNEXURE-F WITHIN A REASONABLE TIME, 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

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and

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HON'BLE MR JUSTICE M.I.ARUN

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NC: 2025:KHC:8946-DB WP No. 5430 of 2025

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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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Jurisdiction of this court under Article 226 of the Constitution is invoked in this petition, wherein the prayer is made to direct the respondent-the Director, Department of Mines and Geology, Bengaluru to consider the representation dated 03.01.2025 submitted by the petitioner. The next prayer is to direct the respondent to issue corrigendum with respect to the quarrying lease/licence deed dated 24.10.2024 and thereby to amend therein the names of the partners of the petitioner Firm.

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Petitioner- H.Rajesh Bhat seeks his name to be entered as existing partner. The third prayer is to direct the respondent to issue corrigendum in respect of the said quarrying lease to rectify the quarrying lease number from QL No.396 to QL No.397 in the aforesaid deed of licence/quarrying lease dated 24.10.2024.

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The case of the petitioner is that he happens to be a partner

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of the partnership firm-M/s.Angel Granites which is a registered partnership firm. According to the petitioner, he became partner of

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4 - NC: 2025:KHC:8946-DB WP No. 5430 of 2025

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the firm on 12.12.2024. It is the case that in the quarrying lease deed dated 24.10.2024 (copy of which figures at Page Nos.122 to 143), the names of old partners who are Sri. J.M. Richard, Smt.Jannet Preethi and Smt. Florence Anuradha have been mentioned. It is the further case that these partners are now retired. It was stated that out of the above partners, J.M.Richard is a continuing partner and one K.R.Satish and the petitionerH.Rajesh Bhat herein are the new partners added.

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It is with above premise of facts and contentions that the prayers are made to consider the representation and to amend the lease deed by issuing corrigendum. Not only that the petition involves questions of fact to be gone into, prima facie it appears to be a dispute inter se among the partners. While the petitioner seeks the prayers raised as above and further seeks interim order against the individual partners contending that the quarry might be disposed of behind the back of the petitioner, the petitioner has not even joined the partners against whom the grievance as above is raised.

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NC: 2025:KHC:8946-DB WP No. 5430 of 2025

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4.1. The total compass of the controversy and the nature thereof

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will not permit the court to invoke writ jurisdiction to grant relief. The kind and nature of the petition and the relief prayed for are not maintainable in a writ jurisdiction under Article 226 of the Constitution.

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