Mr Suresh Vs the State of Karnataka

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NC: 2026:KHC:29537-DB WP No. 31796 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF JUNE, 2026

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PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.31796 OF 2025 (GM-MM_S)

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BETWEEN:

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MR. SURESH S/O KURUMBILA, AGED 35 YEARS, R/AT 3-65(2), BANGERA PADAVU NIDDODI, MOODBIDRI TALUK, D.K. - 574227.

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MR. SANDEEP SUVARNA S/O BALAKRISHNA, AGED 38 YEARS, R/AT 5-151/3, DEVI DAYA APARTMENT MITHUNJE, NIDDODI, MOODBDRI TALUK, D.K. - 574227.

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Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka

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MR. JANARDHANA GOWDA S/O. SESAPPA GOWDA, AGED 56 YEARS, R/AT 1-26 MELMANE, MUCHURKANA, MUCHUR, D.K. MANGALORE TALUK - 574144.

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MR. JOYSON PRAVEEN DSOUZA S/O JERALD DSOUZA, AGED 47 YEARS, R/AT 4-37, NEERUDE HOUSE, NIDDODI VILLAGE, NIDDODI, MOODBIDRI TALUK, D.K.- 574144.

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2 - NC: 2026:KHC:29537-DB WP No. 31796 of 2025

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HC-KAR

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MR. VISHWANATH SHETTY S/O CHANDRAPPA SHETTY, AGED 48 YEARS, R/AT 3-184/1, NANDA GOKULA, NEAR BONTALIKE, NIDDODI, MOODABIDRI TALUK, D.K. - 574227.

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MR. SATHISHA S/O. JAYA, AGED 51 YEARS, R/AT 1-57, THODANKILA, KALLAMUNDKOORU, BANANGADY, MOODBIDRI TALUK, D.K. - 574227.

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MR. SATHYANARAYANA .N.P S/O. PUTTANNA POOJARY, AGED 45 YEARS, R/AT 2-133, KAVIRAJA BHATRABALL, NIDDODI, MOODBIDRI TALUK, D.K. - 574227.

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MR. LOKANATHA SALIAN S/O. DEJU SALIAN, AGED 50 YEARS, R/AT 2-129, BHATRABAIL, NIDDODI MOODBIDRI TALUK, D.K. - 574227.

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MR. JANARDHANA S/O SESU GOWDA, AGED 41 YEARS, R/AT 3-12/1 SHRIDURGA KOLATTAR, NIDDODI, MOODBIDRI TALUK, D.K. - 574227.

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MR. SUDHAKARA S/O VENKAPPA KOTIAN, AGED 51 YEARS, R/AT 1-111 BETTU, NIDDODI, MOODBIDRI TALUK, D.K. - 574227.

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MR. DIVYESH S/O CHANDRA SHEKARA, AGED 46 YEARS, R/AT 2-69 DEVI PRASAD SHUNTILA PADAV, NIDDODI, MOODBIDRI TALUK, D.K. - 574227.

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NC: 2026:KHC:29537-DB WP No. 31796 of 2025

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HC-KAR

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NARAYANA POOJARY S/O ANANDA POOJARY, AGED 43 YEARS, 3-31/3, B.G. COMPOUND ANANDA SAGARA MUCHUR VILLAGE,

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MANGALORE TALUK, D.K. - 574144.

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SHIVAKUMAR SHETTY S/O. MAHABALA M SHETTY, AGED 45 YEARS, R/AT 3-72, KONDEBETTU HOUSE, BADAGAMIJAR VILLAGE, ASHWATHAPURA POST, MOODBIDRI TALUK, D.K. - 574227.

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SHALINI K SALIAN D/O ANNU POOJARY, AGED 45 YEARS, R/AT 3-73, KANDEL BETTY HOUSE, TENKAMIJAR, MOODBIDRI TALUK, D.K. - 574227.

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RAGAVENDRA RAO S/O. RAMANNA BHAT, AGED 40 YEARS, R/AT 3-127, PIDAMALE HOUSE, BADAGA MIJAR VILLAGE, MOODBIDRI TALUK, D.K. - 574277.

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SUNDARA POOJARY S/O DEJAPPA POOJARY, AGED 49 YEARS, R/AT 1-95/3, PUNKEDADI HOUSE, NIDDODI VILLAGE, MOODBIDRI TALUK, D.K. - 574227.

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SANTHOSH KUMAR S/O. SUNDARA POOJARY, AGED 44 YEARS, R/AT 2-139 LAXMI NIVAS, PADILU, NIDDODI, MOODBIDRI TALUK, D.K. - 574227.

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…PETITIONERS

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NC: 2026:KHC:29537-DB WP No. 31796 of 2025

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HC-KAR

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(BY MS. GLANNA, S. D'SOUZA, ADVOCATE FOR SRI CHIDANANDA KEDILAYA M., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF MINES AND GEOLOGY, REPRESENTED BY ITS SECRETARY, VIKASA SOUDHA,

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BANGALORE - 560001.

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THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, JUGAL TOWER, MALLIKATTE, MANGALORE - 575002.

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THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, JUGAL TOWER, MALLIKATTE, MANGALORE - 575002.

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THE PANCHAYAT DEVELOPMENT OFFICER, TENKAMIJARU VILLAGE PANCHAYAT, TENKAMIJARU VILLAGE, DAKSHINA KANNADA - 574227.

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THE PANCHAYAT DEVELOPMENT OFFICER, KALLAMUDKURU VILLAGE PANCHAYAT, BANANGADY POST, MOODABIRI TALUK, DAKSHINA KANNADA - 574 274.

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THE REGIONAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD, RO, PARISARA BHAVANA, BALKAMPADY INDUSTRIAL AREA, MANGALORE, D.K. DISTRICT - 575011.

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M/S. RED STONE TRADING CORPORATION, REPRESENTED BY ITS PROPRIETOR, OF/AT #1-53, S.M.S. COMPLEX KARKALA ROAD, UDUPI TALUK, UDUPI DISTRICT - 575020.

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…RESPONDENTS

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NC: 2026:KHC:29537-DB WP No. 31796 of 2025

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HC-KAR

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(BY MS. NILOUFER AKBAR, AGA FOR R-1 TO R-3;

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SMT. DEEPTHI SHETTY, ADVOCATE FOR SRI DHANANJAY KUMAR, ADVOCATE FOR R-4; RESPONDENT NO.5 IS SERVED & UNREPRESENTED; MS. RASHI SINGH, ADVOCATE FOR SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-6; R-7 IS SERVED & UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION QUASHING THE LICENSE DATED 08.01.2024 ISSUED BY THE RESPONDENT NO.2 IN REF NO.GABHUNI/UNI/(MAM)/KAGAGU/451/2023-24/5743-5748 PRODUCED AT ANNEXURE-A AND ETC.

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

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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None appears for respondent No.7 despite service of notice.

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The petitioners have filed the present petition, inter alia ,

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praying that the quarry licence granted to respondent No.7 dated 08.01.2024, issued by respondent No.2 in respect of lands falling in Survey Nos.154/2 and 154/3B of Tenkamijaru Village, Moodabidri Taluk, Dakshin Kannada District be quashed.

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The learned counsel appearing for the petitioners advanced the contention in support of the prayer on essentially four grounds.

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NC: 2026:KHC:29537-DB WP No. 31796 of 2025

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HC-KAR

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First, she submits that the conditions as stipulated in the stone quarry licence are not being complied with. Respondent No.7 was required to comply with the conditions imposed by the State Level Environment Impact Assessment Authority, and the necessary clearance has not been obtained. Second, she submits that Rule 6(2) of the Karnataka Minor Mineral Concession Rules, 1994 have been violated. Third, it is submitted that although the quarry licence was only in respect of building stone (laterite - Grade A), respondent No.7 is extracting laterite with aluminous content, which is sufficient to classify the said mineral as bauxite. Fourth, she submits that respondent No.7 has drawn an illegal electricity connection from the lines of the power grid which run about 100 meters away from the quarry site.

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It is submitted that respondent No.4 has also made a representation alleging that the quarrying activities are carried out without approval and necessary clearances.

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In view of the allegations made in the present petition, we consider it apposite to direct the respondent Nos.2 and 3 to examine the allegations made in the petition, conduct an inspection of the quarrying site and take an informed decision regarding the

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NC: 2026:KHC:29537-DB WP No. 31796 of 2025

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HC-KAR

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allegations made by the petitioner. The said decision shall be communicated to the concerned parties including the petitioner within a period of eight weeks from the date. The petition is accordingly disposed of.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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Sd/(K.S. HEMALEKHA) JUDGE

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AT

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List No.: 1 Sl No.: 24

Mr Suresh v. the State of Karnataka

Case brief

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Mr Suresh v. the State of Karnataka

Case brief

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