Karnataka High Court
WP/28464/2026 of SRI D VENKATESH Vs THE STATE OF KARNATAKA on 17 September 2026
CNR: KAHC010629202026 NC: 2026:KHC:50971-DB WP No. 28464 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 28464 OF 2026 (GM-MM-S)
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 28464 OF 2026 (GM-MM-S)
BETWEEN:
1.
SRI D. VENKATESH
S/O LATE DASAPPA
AGED ABOUT 70 YEARS
RESIDING AT NO. 12
7TH C MAIN ROAD
4TH BLOCK, 3RD STAGE
BASAVESHWARA NAGARA
BENGALURU - 560 079
…PETITIONER
(BY SMT. NAYANA TARA B.G., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
COMMERCE AND INDUSTRIES DEPARTMENT
(MSME AND MINES)
VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
2.
THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
NO. 49, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560 001
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
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3.
THE JOINT DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
SOUTH ZONE
MYSURU - 570 001
4.
THE DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
BENGALURU SOUTH DISTRICT
APPAJI LAYOUT, KOTTIPURA VILLAGE
(NEAR VADERAHALLI RAILWAY GATE)
RAMANAGARA - 562 159
5.
THE DEPUTY COMMISSIONER
BENGALURU SOUTH DISTRICT
RAMANAGARA - 562 159
6.
THE TAHSILDAR
MAGADI TALUK
MAGADI - 562 120
BENGALURU SOUTH DISTRICT
7.
THE KARNATAKA LOKAYUKTA
REPRESENTED BY ITS REGISTRAR
MULTI STOREYED BUILDING
DR. B.R. AMBEDKAR VEEDHI
8.
SRI M.R. MUKUNDA
S/O RANGAPPA T., MAJOR
THAGGIKUPPE VILLAGE AND POST
KASABA HOBLI, MAGADI TALUK
BENGALURU SOUTH DISTRICT - 562 120
…RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R1-R6 &
SRI PRADEEP J.S., ADVOCATE FOR R-8)
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION IN THE NATURE OF CERTIORARI, CALLING FOR THE
RECORDS AND QHASH/ SET-ASIDE THE IMPUGNED STONE
QUARRY
LEASE
SUSPENSION
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ORDER
NO. GaBhooE/UNiBenDaRa/KaGaGu-1323/2026-27/1827 DATED 29.08.2026 PASSED BY RESPONDENT NO.4 THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, BENGALURU SOUTH DISTRICT, RAMANAGARA, PRODUCED AT ANNEXURE-A.
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 MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition impugning an order dated 29.08.2026, whereby the petitioner was directed to suspend operations in stone quarry lease No.1323. The said quarry lease was granted to the petitioner for extraction of building stone over a land measuring 6 acres in Survey No.99 of Bilagumba Village, Magadi Taluk, Bengaluru South District. The lease was granted for a period of 5 years with effect from 05.11.2008. The
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said lease was renewed for a further period of 20 years with effect from 05.11.2013 (QL 1323 R-1).
2. The impugned order records that a complaint was lodged with the Lokayuktha by one Mr. Mukunda, s/o Rangappa, alleging a violation of Rule 6(2) of the Karnataka Minor Mineral Concession Rules, 1994 [the Rules]. He alleged that a Government katte (tank), a kalyani (step tank) in Survey No. 33 of the Nasirumavinakatte Village, and a footpath (kaludaari) as shown on the village map were situated adjoining the lease area. According to the complainant, no mining activity could have been permitted within 200 metres of those public structures.
3. Acting upon the aforesaid complaint, the Deputy Director, DMG, passed the impugned order directing the temporary suspension of mining operations until further orders. The petitioner's challenge to the impugned order is essentially on two fronts. First, it is stated that the Senior Geologist lacks the authority to suspend mining operations and that the quarry lease could not be cancelled under Sub-rule (3) of Rule 6 of the Rules. Second, it is contended that the grounds of the complaint are unmerited and
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have been the subject of prior enquiries. Regarding the prescribed distance from the Government katte, it is stated that a joint survey was conducted and, on that basis, the leased area was reduced by 12 guntas to conform to the requirement of the specified distance from the said public tank. Insofar as the Village path (kaludaari) is concerned, it was found that it was fenced on other land and is not in use. It is therefore contended that the impugned order is based solely on allegations that were previously enquired into and rejected. Insofar as the reduction of the mining area is concerned, it is contended that the same is the subject of a revision petition.
4. The learned Government Advocate appearing for the State fairly submits that the impugned order was passed without prior notice and without affording the petitioner an opportunity of hearing.
5. In view of the aforesaid, the impugned order is set aside. If the authorities seek to initiate any action, they shall issue a fresh notice and pass an appropriate order after affording the petitioner an opportunity of hearing.
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6. We clarify that all rights and contentions of the parties are reserved.
7. The petition is disposed of in the aforesaid terms.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
SD List No.: 2 Sl No.: 14