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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31^ST DAY OF AUGUST, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.2116/2021 (GM-MM/S)

BETWEEN

1 . SHRI ARUN HADLI

SON OF SHRI ASHOK @

SHIVABASAPPA HADLI

AGE 42 YEARS,

OCC: AGRICULTURE

R/O MANINAGAR TALUKA BADAMI

DIST BAGALKOT-587 201

2 . SHRI PRABHU HADLI

SON OF SHRI ASHOK @

SHIVABASAPPA HADLI

AGE 42 YEARS,

OCC: AGRICULTURE

R/O MANINAGAR TALUKA BADAMI

DIST BAGALKOT-587 201

...PETITIONERS

(BY SRI.MANGANNAVAR GIRISH BABURAO, ADV.)

AND

1 . STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

COMMERCE AND INDUSTRIES DEPARTMENT

(MSME AND MINES)

VIKASASOUDHA

BENGALURU-560 001

2 . THE DIRECTOR/COMMISSIONER

DEPARTMENT OF MINES AND GEOLOGY

2

KHANIJA BHAVAN, R.C. ROAD,

BENGALURU-590 001

3 . THE DEPUTY COMMISSIONER

DEPARTMENT OF MINES AND GOELOGY

NO.63/A BRUNDAVAN SECTOR

NAVANAGAR, BAGALKOT-587 103

4 . THE TASHILDAR/SECRETARY

TALUKA TASK FORCE COMMITTEE

BADAMI TALUKA BAGALKOT DISTRICT

MINI VIDHANA SOUDHA

RAMDURGA ROAD, BADAMI -587 201

5 . SHRI DNYANESHWAR SHIVAJI HURALI

AGE: MAJOR

OCC: BUSINESS

R/O PLOT NO.682, NARAGUNDA

DIST GADAG-582 207

...RESPONDENTS

(BY SRI S.S.MAHENDRA, AGA FOR R1 TO R4

SRI.L.M.CHIDANANDAYYA, ADV. FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227

OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN

NATURE OF CERTIORARI QUASHING THE LICENSE BEARING

NO.QL NO.485/2019-20

DATED 01/02/2020

PRODUCED AT

ANNEXURE-A AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,

SATISH CHANDRA SHARMA, J., MADE THE FOLLOWING:

ORDER

The petitioners have filed this present petition as a

public interest litigation (PIL) being aggrieved by the sand

quarrying license granted in favour of respondent No.5 for

extraction of sand.

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2.

The facts as stated in the writ petition reveals

that the petitioners are the joint owners of agricultural lands

bearing Sy.No.121 measuring 21 acres 29 guntas and

Sy.No.107/1 measuring 02 acres 29 guntas situated at Sulla

village, Badami Taluka, Bagalkot District. It has been further

stated that respondent No.5 is the General Power of Attorney

holder of the land bearing Sy.No.107/2 measuring 01 acre 08

guntas,

Sy.No.107/4

measuring

01

acre

07

guntas,

Sy.No.107/5 measuring 01 acre 10 guntas, Sy.No.107/6

measuring 01 acre 07 guntas and Sy.No.107/7 measuring 01

acre 08 guntas situated in the same village i.e., Sulla village,

Badami Taluka, Bagalkot District meaning thereby the

petitioners are the neighbours in respect of the land which

has been granted for the purpose of sand quarrying. The

facts further reveal that respondent No.5 has filed an

application on 22.05.2018 for grant of quarrying / lease /

license for sand mining in the neighbouring land and the

petitioners being aggrieved by the grant order dated

05.02.2020 have approached this Court. The first ground is

that the area in respect of sand quarrying has been

permitted is within the safe zone from the High Flood Level of

river and no such permission could have been accorded.

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The petition also reveals that the petitioners are very much

aggrieved by the heavy vehicular traffic and trucks which are

running around the land belonging to the petitioners causing

inconvenience to them.

3.

This Court in order to find out whether the area

in question is within the safe zone from the High Flood Level

of river or not has directed the State Government by an

order dated 22.06.2021 to submit a report and a detailed

and an exhaustive report has been submitted by the State

Government. The affidavit is on record and its contents are

based upon the survey conducted in the matter. The contents

of the affidavit of the Geologist, Department of Mines and

Geology, Bagalkote, in paragraphs-1 to 4 are reproduced as

under:

"I, Shivakumar Beedibhavi S/o.Amatya