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2026 Supreme(Online)(Kar) 22850

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


NC: 2026:KHC:20236-DB


WRIT PETITION NO. 39479 OF 2025 (GM-MM-S)


BETWEEN:


1. M/S. LAKSHMI STONE CRUSHING INDUSTRIES DODDAMAGGE VILLAGE, ARKALGUD TALUK DODDAMAGGE, HASSAN DISTRICT - 573 142


REP. BY MANAGING PARTNER SRI M.T. KRISHNEGOWDA


S/O. SRI M.J. THIMMEGOWDA AGED ABOUT 61 YEARS


…PETITIONER


AND:


1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY


VIDHAN SOUDHA BENGALURU - 560 001


2. THE SECRETARY TO GOVT. & REVISING AUTHORITY DEPARTMENT OF COMMERCE AND INDUSTRIES


VIKAS SOUDHA BENGALURU - 560 001


3. THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY


KHANIJA BHAVAN


RACE COURSE ROAD BENGALURU - 560 001


4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY


GRAMA PANCHAYAT ROAD BEHIND R.T.O. OFFICE


SATHYAMANGALA HASSAN - 573 201


5. THE DEPUTY CONSERVATOR OF FORESTS HASSAN DIVISION HASSAN - 573 201


6. THE ASSISTANT CONSERVATOR OF FOREST SAKLESHPURA SUB-DIVISION


SAKLESHPURA


7. THE RANGE FOREST OFFICER ARKALGUDU DIVISION


ARAKALAKUDU - 562 101


8. THE DISTRICT COMMISSIONER AND LICENSING AUTHORITY


DISTRICT STONE CRUSHING UNIT LICENSING AND REGULATION AUTHORITY


HASSAN DISTRICT HASSAN - 573 201 …RESPONDENTS


PETITIONER (BY SRI SWAMY M.M., ADVOCATE)


RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)


THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA


DATED THIS THE 9TH DAY OF APRIL, 2026

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND QUASH THE ORDER/COMMUNICATION DATED 22.08.2024 ISSUED IN NO.B4/Bhoomi/Deemed Forest/Sabhe/2015-16 BY THE RESPONDENT NO.5 VIDE ANNEXURE-M & 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, impugning the communication dated 22.08.2024 regarding withdrawal of No Objection letters furnished by the Forest Department in respect of quarrying/crushing units operating in lands that have been declared as deemed forest.

2. The petitioner was granted quarrying lease over an area to the extent of 15 acres in Survey No.1 of Maduganur Kaval Village, Arakalgud Taluk, Hassan District for a period of 20 years with effect from 19.03.2020 for extracting building stone for the purpose of manufacturing M-Sand. The petitioner was also granted a licence dated 07.10.2020 to start a stone crushing unit on his patta land.

3. The question raised in the present petition is covered by the decision of this Court in W.P.No.32023/2025 (GM-MM-S).

4. Respondent No.5 (Deputy Conservator of Forests) has filed an affidavit affirming that the subject land is included in 3,30,186.93 hectares areas which has been identified as deemed forests by the High Level Expert Committee and notified under the Government Order dated 05.05.2022.

5. For the reasons stated in the decision in W.P.No.32023/2025 dated 09.04.2026 therein, the present petition is dismissed.

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