This Public Interest Litigation (PIL) has been filed

seeking for the following reliefs:

“A.

Issue a writ in the nature of mandamus

directing the Respondent No.1 to 6 to

consider the representations at Annexure

A to A5.

B.

Grant such other writs or orders as this

Hon’ble court deems fit in the facts and

circumstances of the case in the interest

of Justice and Equity.”

2.

It appears from the order sheet dated 28.07.2021

that it was argued before the Court by the petitioners that

the alleged mining activities are being carried out within 70

meters from Rajappanadoddi lake and 50 meters from

gomala katte, which is a forest area inhabited by leopards,

bears, peacocks, wild boars etc., and the mining is being

carried out in violation of the statutory provision of law as

contained under the Karnataka Minor Minerals Concession

Rules, 1994 (for short, “the Rules of 1994”). The Court had

issued notices and directed the respondents to procure a

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report from the Deputy Commissioner, Tumakuru District in

respect of the allegations made in the PIL.

3.

Learned Additional Government Advocate appearing

for the respondents submits that the report has been

submitted along with a memo dated 30.08.2021 wherein it

has been informed that the joint inspection was made by

the Deputy Director, Department of Mines and Geology,

Tumakuru District along with technical officers of the

Department, Tahasildar, Kunigal Taluk, Taluk Surveyor and

Village Assistants and Village Accountant, P.H.Halli Village.

It has been stated in the report that the eastern direction of

the Quarrying Lease No.893 of M/s.Ranganatha Stone

Crushers, there is a road at a distance of about 76 meters

from the ‘C’ boundary pillar which is shown in the village

map. From ‘B’ boundary stone of the said quarrying lease

there is a katte at a distance of about 242 meters and from

the sand boundary, the road is at a distance of about 150

meters. To the eastern direction of the said quarrying

lease, there is Madrasa Swamiji Avadana Ashrama at a

distance of 296 meters from ‘A’ boundary pillar. It is also

stated that on verification of Quarrying Lease No.900 of

M/s.Krishna Stone Crusher, from the ‘C’ boundary stone to

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the above said bullock cart road, there is a distance of

about 203 meters and from ‘B’ boundary stone, there is a

distance of 240 meters. From the said quarry lease ‘C’

boundary stone is at a distance of 291 meters to the katte

and from ‘B’ boundary stone 360 meters. To the eastern

direction of the said quarrying lease, there is Madrasa

Swamiji Avadana Ashrama at a distance of 384 meters from

‘A’ boundary mark. It is further stated that from ‘C’

boundary pillar of the quarry lease of M/s.Ranganatha

Stone Crusher, there is a road at a distance of 76 meters

and from ‘B’ boundary stone the distance is 150 meters. As

per Rule 6 (2) of the Rules of 1994, quarrying can be

conducted by using explosives at a distance of 200 meters

from the quarry lease area. But, since there is a public

road at a distance of 200 meters, a report was obtained

from Tahasildar, Kunigal whether the said road is a public

road or not. The Technical Assistant of the Office of the

Deputy Director has reported that during the spot

inspection, it is found that there is no public structures,

except the road at a distance of 200 meters.

In the report submitted by the Tahasildar based on

the

report

of

the

concerned

Revenue

Inspector,

Huliyurudurga Hobli and the Taluk Surveyor, it is stated

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that there is a bullock cart road in Survey No.82 of P.H.Halli

Village,

Huliyurudurga

Hobli

and

the

width

of

the

constructed road is 20 feet. The said road is the approach

road to the lands of the farmers only and it is not an

approach road to any village. He has submitted that the

factual report that there is a road from survey No.82 to 305

only in the sketch.

The complete details of the running quarrying leases

in P.H.Halli Village, Kunigal Taluk, Tumakuru District by

obtaining permission from the off