IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 37445 OF 2025 (GM-MM_S)

BETWEEN:

M/S. TCS TRENDING CORPORATION AMINGAD TALUK:

HUNGUND BY ITS PARTNER, MAHANTESH S TATRANI, AGE MAJOR, OCC BUSINESS, R/O. AMINGAD, TALUK HUNGAUND, DIST BAGALKOT-587 112.

…PETITIONER Digitally (BY SRI. V S HEGDE, ADVOCATE)

signed by NIRMALA DEVI AND:

Location:

HIGH COURT OF 1. THE STATE OF KARNATAKA KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MINES AND GEOLOGY, VIKASA SOUDHA, BANGALORE-560 001.

2. DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVANA, H.D. KUMARSWAMY LAYOUT, BAUXITE ROAD, BELAGAVI-590 019.

…RESPONDENTS (BY MS. NILOUFER AKBAR, AGA)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER PASSED BY THE 2ND RESPONDENT DIRECTOR OF MINES AND GEOLOGY BEARING NO. GA.BHU.WO.BEV.KAGAGU.PA.MARALU 2025-26/1458 APPLICATION DATED 27/05/2025 PRODUCED AT ANENXURE-

M 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 impugning an order dated 27.05.2025, passed by the Office of Deputy Director, Department of Mines and Geology [respondent No.2]. In terms of the said endorsement, the petitioner's application for grant of a quarry license was rejected in respect to the land measuring 9 acres falling in Survey No.16/1 and 17 of Chikka Tadasi Village, Ramdurga Taluk, Belgaum.

2. The petitioner claims that the said land comprises of two parcels measuring 3 acres and 35 guntas belonging to one Hanamanthagouda S/o Shivanagouda Naikar falling in Survey No.16/1 and lands measuring 5 acres and 5 guntas belonging to one Chuchappa Yallappa Halli, falling in Survey No.17. The petitioner states that he had entered into consent agreement with the said owners to carry on quarrying activities on the land and thereafter, applied for a quarry lease for mining ordinary sand in respect of total area measuring 9 acres. The petitioner claims that he obtained the no-objection certificate from the Department of Groundwater, the Tahsildar, Public Works Department, the Forest Department and the Survey Department. He stated that after a joint survey was conducted, the reports were sent to the Task Force for consideration of grant of a quarry license in terms of the law. However, respondent No.2 had returned the same for re- considering whether the subject land was a part of the revenue lands. The petitioner states, thereafter the Tahsildar, Talati, Revenue Inspector, three Geologists and five Panchas conducted a survey and submitted a report dated 06.02.2023 on the land in question. He submits that Drone survey was also conducted to fix the boundaries of the subject land. Notwithstanding the said reports, respondent No.2 has issued an endorsement, declining to grant the permission. The petitioner states that the decision to do so is based on Google Earth images, which are unverified. He submits that respondent No.2's conclusion that the subject land falls in the riverbed of Malaprabha river is ex-facie erroneous and is contrary to the other reports.

3. The findings recorded in the said endorsements are set out in the impugned order. The relevant extract of the said order reads as under:

"The field studies shown that, the applied area forms part of river meander of Malaprabha main stream and it shall be ascertained on the ground through joint survey. Remaining aspects covered under the present investigation are as follows:

1. Verification of the records and field inspection revealed that the area applied for sand mining covers part of the river meander.

2. Safety margin