Karnataka High Court
WP/28675/2026 of SRI.S. ESHWAR Vs STATE OF KARNATAKA on 11 September 2026
CNR: KAHC010630272026 NC: 2026:KHC:49597-DB WP No. 28675 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH 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.28675 OF 2026 (GM-MM_S)
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH 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.28675 OF 2026 (GM-MM_S)
BETWEEN:
SRI. S. ESHWAR
S/O A. SUBRAMANI,
AGED 47 YEARS,
R/AT JYOTHIPURA VILLAGE,
KORA POST, DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT-562 110.
…PETITIONER
(BY SRI. NAGESH P., SENIOR ADVOCATE A/W
SMT. NAYANA TARA B.G., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
COMMERCE AND INDUSTRIES,
(SSI, TEXTILES, AND MINES) DPT
1ST FLOOR, VIKASA SOUDHA,
BANGALORE-560 001.
2.
DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE-560 001.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
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3.
SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY,
ADINARAYANA HOSAHALLI VILLAGE,
NAGADENAHALLI POST,
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT-562 110.
4.
DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT,
1ST FLOOR, DISTRICT ADMINISTRATIVE BHAVAN, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK-562 110.
5.
ASSISTANT COMMISSIONER
DODDABALLAPURA SUB DIVISION,
DODDABALLAPURA TOWN,
BANGALORE RURAL DISTRICT-561 110.
6.
TAHASILDAR
TALUK ADMINISTRATIVE SOUDHA,
DEVANAHALLI TALUK,
DEVANAHALLI TALUK-562 110.
…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 CERTIORARI OR ANY OTHER WRIT, DIRECTION, OR ORDER OF
SIMILAR NATURE QUASHING THE IMPUGNED COMMUNICATION
DATED 13.08.2026 BEARING NUMBER BRDC-JUD10MQL/162/2025
ISSUED BY RESPONDENT NO.4 PRODUCED AT ANNEXURE-A.
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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
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The learned Government Advocate accepts notice for the respondents.
2. The petitioner has filed the present petition, impugning the communication dated 13.08.2026 addressed by the Deputy Commissioner and District Magistrate, Revenue Department, Government of Karnataka to the Director, Department of Mines and Geology, Bengaluru, withdrawing its No-Objection Certificate [NOC] dated 08.08.2016 and requesting that the steps be taken in accordance with the relevant rules.
3. The principal controversy involved in this regard is whether a quarry lease was permissible on land measuring 02 acres 23 guntas, falling in Survey No.40 of Mayasandra Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District [leased land]. A
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NOC was issued, and after inspection, a quarry lease dated 20.04.2022 was granted over the said land for extraction of grey granite to be used for the manufacture of tiles and ornamental stone.
4. The issue had arisen was whether the lease was permissible in view of the allegation that a Nala as reflected in the village map existed in the leased land. This is also one of the principal grounds on which the communication withdrawing the NOC has been issued.
5. The petitioner had filed a writ petition being W.P. No.24739/2026 (GM-MM_S), which was taken up by this Court on 11.08.2026. In the said petition, the petitioner had impugned the notice dated 30.07.2026 issued by the Senior Geologist, Department of Mines and Geology suspending the quarrying operations under the said lease on the ground that a Nala, as reflected in the village map, existed on the leased land. The said petition was disposed of with the following directions: "5. In the given facts, we consider it apposite to direct that the impugned notice dated 30.07.2026 be treated as a show-cause notice. The petitioner is at liberty to file
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a detailed response to the same. Further, upon receipt of such response, the concerned authority shall consider the same and take an informed decision and communicate the decision to the petitioner as expeditiously as possible, preferably within a period of four weeks from date.
6. The petition is disposed of in the aforesaid terms. All rights and contentions of the parties are kept open."
6. Although the directions were issued to the Senior Geologist, the controversy to be addressed was precisely the same controversy on the basis of which the NOC was withdrawn.
7. In view of the above, we consider it apposite to suspend the impugned communication till the final decision is taken by the Senior Geologist pursuant to the order dated 11.08.2026 passed in W.P. No.24739/2026 (GM-MM_S). However, we also clarify that the Deputy Commissioner and District Magistrate / Revenue Authorities would be at liberty to furnish the inputs and the Senior Geologist would also consider the same.
8. The petition is disposed of in the aforesaid terms.
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9. The concerned authority shall act upon the order uploaded on the website of this Court.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 14