THE HIGH COURT OF KARNATAKA
CHIEF JUSTICE AND C.M. POONACHA
SRI B KIRAN KUMAR – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 7352/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 7352 OF 2025 (GM-MM-S)
BETWEEN:
1. SRI B. KIRAN KUMAR S/O SRI B. VEERTESH AGED ABOUT 27 YEARS OCC: BUSINESS RESIDING AT 2198, BKG HOUSE K.H.B COLONY, SANDUR BELLARY DISTRICT KARNATAKA - 583 119 …PETITIONER (BY SRI SRINIVASA K.N, ADVOCATE)
Digitally AND:
signed by AMBIKA H B 1. STATE OF KARNATAKA Location: DEPARTMENT OF COMMERCE High Court AND INDUSTRIES of Karnataka VIDHANA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY
2. THE SECRETARY DEPT OF FOREST ECOLOGY AND ENVIRONMENT VIDHANA SOUDAH BENGALURU - 56 0001
3. DIRECTOR OF MINES AND GEOLOGY
5TH FLOOR, NO. 49 KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001
4. DEPUTY DIRECTOR OFFICE OF THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY TUMAKURU DISTRICT PIN - 572101 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR DIRECTION TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION DT 07.9.2021 OF THE WHICH PRODUCED AT ANNEXURE-N TO THE PETITIONER 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. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition, inter alia, praying as under:
"(i) Issue a writ of Mandamus or direction to the respondents to consider the representation dt.07.9.2021 of the which produced at Annexure 'N' to the petitioner and;
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No.4 to execute the Quarry Lease Deed in favour of the Petitioner, pursuant to the Notification dt.29.7.2019 issued by the State Government, which produced at Annexure 'E'
2. The learned counsel appearing for the petitioner has referred to the decision of the Co-ordinate Bench of this Court in Sri T. G. Mallikarjuna Gouda v. State of Karnataka and others: NC:2025:KHC:13968-DB. He submits that the said order was passed in similar facts and prays that the present petition be disposed of in similar terms.
3. The learned Government Advocate appearing for the respondents submits that the present petition be disposed of in terms of the aforesaid order.
4. Paragraph 5.1 of the said order reads as under:
"5.1 In the aforesaid view, the only direction which the court can grant in this petition is to direct the respondents to act through their competent authority to consider and decide the representation dated 07.09.2021 of the petitioner by taking into account all relevant aspects, both factual and legal, and take a decision in accordance with law and on merits. It is so directed, such decision shall be taken within eight weeks from the date of receipt of the order."
5. In view of the above, the present petition is disposed of directing the concerned authority to consider the petitioner's representation dated 07.09.2021. If it is found that all approvals have been granted and there is no impediment in executing the quarry lease, the concerned authority shall do so as expeditiously as possible and preferably within a period of twelve weeks from date.
6. The petition is disposed of in the aforesaid terms.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE Sd/-
(C.M. POONACHA)
JUDGE AHB List No.: 1 Sl No.: 32
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