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2025 Supreme(Online)(Kar) 37477

THE HIGH COURT OF KARNATAKA
CHIEF JUSTICE AND C.M. POONACHA
M/S SAI SRI BLUE METALS – Appellant
Versus
THE CHIEF SECRETARY – Respondent
WP 18094/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 18094 OF 2025 (GM-MM_S)

BETWEEN:

M/S SAI SRI BLUE METALS REPRESENTED BY ITS PARTNER SRI SHYLENDRA KUMAR SON OF HARAGADDE VEMANNA VENKATESH AGED ABOUT 38 YEARS SY NO. 47, MAHANTHALINGAPURA VILLAGE ANEKAL TALUK BANGALORE URBAN DISTRICT 560 083 …PETITIONER Digitally (BY SRI. MAHENDRA S S, ADVOCATE)

signed by NIRMALA AND: DEVI Location:

HIGH COURT 1. THE CHIEF SECRETARY OF GOVERNMENT OF KARNATAKA KARNATAKA VIDHANA SOUDHA DR AMBEDKAR VEEDHI BENGALURU 560 001

2. THE PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES GOVERNMENT OF KARNATAKA VIKAS SOUDHA BENGALURU 560 001

3. THE DISTRICT STONE CRUSHERS LICENSING AND REGULATING AUTHORITY REPRESENTED BY ITS CHAIRMAN THE DEPUTY COMMISIONER DC OFFICE BUILDING K G ROAD BEHIND KANDAYA BHAVANA BENGALURU URBAN DISTIRCT 560 009

4. THE DISTRICT STONE CURSHERS LICENSING AND REGULATING AUTHORITY REPRESENTED BYITS MEMBER SECRETARY THE SENIOR GEOLOGIST OFFICE OF DISTIRCT COMMISSIONER K G ROAD BEHIND KANDAYA BHAANA BENGALURU URBAN DISTRICT 560009

5. THE DEPUTY CONSERVATOR OF FORESTS BANNERGHATTA NATIONAL PARK BANGALORE 560 083 …RESPONDENTS (BY SRI. K.S. HARISH, GA)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT No. 3, NAMELY THE CHAIRMAN OF THE DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY, BANGALORE URBAN DISTRICT, TO FORTHWITH ISSUE THE STONE CRUSHER LICENSE IN FORM-C TO THE PETITIONER, AS PER PROCEEDINGS DATED 06.04.2021 (ANNEXURE-A) AND 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. JUSTICE C.M. POONACHA)

1. The present writ petition is filed seeking for the following reliefs:

a) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent No. 3; namely The Chairman of the District Stone Crusher Licensing and Regulation Authority, Bangalore Urban District, to forthwith issue the Stone Crusher Licence in Form-C to the Petitioner, as per proceedings dated

06.04.2021(ANNEXURE-A).

b) ISSUE A WRIT OF CERTIORARI or any other appropriate writ, order or direction, quashing that the Impugned decision of the District Stone Crushers Licencing and Regulation Authority in the proceeding dated 06.04.2021 (ANNEXURE-A) in so far as ordering to recover the dead rent/ lease rent and the notice in the form of an order issued by the Member Secretary of the District Stone Crusher Licensing and Regulation Authority, Bangalore Urban District, dated 07.12.2024(ANNEXURE-B) demanding sum a of ₹87,07,500/- towards lease rent/dead rent, for Non operational period as arbitrary, illegal, and contrary to the Government Order.

c) Pass such other order or direction as this Hon'ble Court may deem fit, proper, and in the interest of justice and equity, in the facts and circumstances of the case.

2. The petitioner was granted a licence in Form 'C' for establishment of a stone crusher in Sy.No.47 of Mahanthalingapura Village, Anekal Taluk, Bangalore Urban District (subject land), for a period of five years and was valid upto 22.3.2022. The said licence was granted after complying with the various statutory formalities. The Senior Geologist, Department of Mines and Geology (respondent No.4) issued a notice dated 11.9.2018 notifying the petitioner, inter alia, that the stone quarry established on the subject land falls within the Eco-Sensitive Zone (ESZ) of the Bannerghatta National Park and hence, instructed the petitioner to immediately suspend all the mining operations.

3. It was the contention of the petitioner that the subject land falls outside the boundary of the Bannerghatta National Park. A j

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