Sri Haroon K Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Sri Haroon K Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No final mandamus issued; petition disposed of with directions that the petitioner furnish a fresh blasting experiment report and the respondents consider the same and pass appropriate orders as expeditiously as possible, in any event within two (02) weeks from receipt of the said report.

Issue for consideration

Whether the respondents should be directed to permit the petitioner to re-open and continue the quarry business under Quarry Lease Nos. DKD-227 and DKD-228 by duly considering the petitioner's reply/representation dated 03.01.2026 submitted pursuant to the notice dated 26.12.2025. +1 more

Court's answer

The petition was disposed of with the aforesaid directions (petitioner to furnish a fresh blasting experiment report; respondents to consider it and pass appropriate orders within two weeks of receipt).

Ratio / Principle

The respondents were directed to consider the fresh report to be furnished by the petitioner and pass appropriate orders as expeditiously as possible, in any event within two (02) weeks from the date of receipt of the said report.

Detailed headnote1 paragraphs

Writ Petition (GM-MM-S) under Articles 226 and 227 of the Constitution of India — petitioner sought a writ of mandamus directing the respondents (State of Karnataka, Department of Mines and Geology, and the Senior Geologist) to permit him to re-open and continue quarry business under Quarry Lease Nos. DKD-227 and DKD-228 by considering his reply/representation dated 03.01.2026 filed pursuant to their notice dated 26.12.2025. Background: leases granted on 21.01.2010 for ten years for extraction of building stones; allegation of quarrying outside the lease area; penalty of Rs. 9,31,200/- imposed vide notice dated 12.02.2025; despite a reply to the show cause notice dated 07.05.2025, respondent No.2 cancelled the lease by order dated 15.05.2025; the cancellation was challenged in W.P.No.15441/2025, disposed of on 28.10.2025 with a direction to pass a fresh order after considering the petitioner's response dated 15.05.2025; representation dated 12.11.2025 followed; the fresh notice dated 26.12.2025 sought reports including a 'blasting experiment report' from NITK, Surathkal, which the petitioner claimed had already been furnished to the Office of Senior Geologist in 2018. Counsel for the petitioner submitted that a fresh report would be furnished. Held (Oral Order per Vibhu Bakhru, Chief Justice; coram including C.M. Poonacha, J.): respondents directed to consider the fresh report and pass appropriate orders as expeditiously as possible, in any event within two (02) weeks of its receipt; petition disposed of accordingly.

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NC: 2026:KHC:11591-DB WP No. 4816 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF FEBRUARY, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 4816 OF 2026 (GM-MM-S)

BETWEEN:

SRI HAROON K

S/O MOOSA KANHI AGED ABOUT 63 YEARS R/AT FLAT NO. 12, BHYARI MELENSIA KANKANADI, MANGALORE - 575 002

…PETITIONER

(BY SRI SACHIN B.S., ADVOCATE)

AND:

Digitally signed by SRIDEVI S Location: High Court of Karnataka

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MINES AND GEOLOGY MULTI STORIED BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001

SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY GROUND FLOOR, PRAJA SOUDHA MANGALURU DAKSHINA KANNADA - 575 007

…RESPONDENTS

(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

2 - NC: 2026:KHC:11591-DB WP No. 4816 of 2026

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, THEREBY DIRECTING THE RESPONDENTS TO PERMIT THE PETITIONER TO RE-OPEN AND CONTINUE THE QUARRY BUSINESS PURSUANT TO QUARRY LEASE No. DKD-227 AND DKD-228 BY DULY CONSIDERING THE REPLY/ REPRESENTATION DATED 03.01.2026 SUBMITTED BY THE PETITIONER PURSUANT TO THE NOTICE DATED 26.12.2025, AS PER ANNXURE-A AND ANNEXURE-A1, RESPECTIVELY, AND PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW & ETC.

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

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

ORAL ORDER

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

Issue notice.

The petitioner has filed the present petition, inter alia , praying that the petitioner be permitted to reopen and continue quarry activities in respect to Quarry Lease No.DKD-227 and No.DKD- 228, by considering the reply and representation dated 03.01.2026, furnished by the petitioner pursuant to the notice dated 26.12.2025. The petitioner was granted the said leases on 21.01.2010 for a period of ten (10) years for extraction of building

3 - NC: 2026:KHC:11591-DB WP No. 4816 of 2026

HC-KAR

stones. Apparently, there was an allegation that the petitioner was carrying on quarrying activities outside the lease area.

In view of the said allegations, a penalty of `9,31,200/- was imposed in terms of notice dated 12.02.2025 issued by respondent No.2. The petitioner responded to the said notice and contested the allegations. The petitioner was issued another notice dated 07.05.2025. Thereafter, notwithstanding that the petitioner had submitted a reply to the said notice, respondent No.2 issued an order dated 15.05.2025 cancelling the quarry lease.

The petitioner challenged the aforementioned order of cancellation in W.P.No.15441/2025. The said petition was disposed of by an order dated 28.10.2025 directing the respondents to pass a fresh order, after considering the petitioner's response dated 15.05.2025 to the show cause notice dated 07.05.2025.

Thereafter, on 12.11.2025, the petitioner made a representation requesting that he be permitted to carry on the quarrying activities.

4 - NC: 2026:KHC:11591-DB WP No. 4816 of 2026

HC-KAR

On 26.12.2025, the respondents issued a fresh notice seeking various reports, including directing the petitioner to obtain the 'blasting experiment report' from NITK, Surathkal. The petitioner responded to the said notice. According to the petitioner, he had furnished all information as sought for. Insofar as the blasting experiment report is concerned, the petitioner claims that he had already furnished the same to the Office of Senior Geologist in the year 2018.

Notwithstanding the same, the learned counsel for the petitioner submits that the petitioner will furnish a fresh report. The respondents are directed to consider the same and pass appropriate orders as expeditiously as possible, in any event, within two (02) weeks from the date of receipt of the said report.

The petition is disposed of with the aforesaid directions.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(C.M. POONACHA) JUDGE

SD List No.: 2 Sl No.: 15