Karnataka High Court
WP/24739/2026 of SRI.S.ESHWAR Vs STATE OF KARNATAKA on 11 August 2026
CNR: KAHC010547672026 NC: 2026:KHC:42380-DB WP No. 24739 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.24739 OF 2026 (GM-MM_S)
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.24739 OF 2026 (GM-MM_S)
BETWEEN:
SRI. S. ESHWAR
S/O A. SUBRAMANI,
AGED ABOUT 47 YEARS,
R/O JYOTHIPURA VILLAGE,
KORA POST, DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT-562 110.
…PETITIONER
(BY SRI. LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
COMMERCE AND INDUSTRIES
(SSI, TEXTILES & MINES) DEPARTMENT,
1ST FLOOR, VIKASA SOUDHA,
BENGALURU-560 001.
2.
THE DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560 001.
3.
THE DEPUTY COMMISSIONER,
BENGALURU RURAL DISTRICT
1ST FLOOR, DISTRICT ADMINISTRATIVE BHAVAN,
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
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BEERASANDRA VILLAGE, KUNDANA HOBLI,
DEVANAHALLI TALUK-562 110.
4.
THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES & GEOLOGY,
ADINARAYANA HOSAHALLI VILLAGE,
NAGADENAHALLI POST,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-562110.
5.
ASSISTANT COMMISSIONER
DODDABALLAPURA SUB DIVISION
DODDABALLAPURA TOWN,
BANGALORE RURAL DISTRICT-562110.
6.
THE TAHSILDAR,
TALUKA ADMINISTRATIVE SOUDHA,
DEVANAHALLI TALUK,
DEVANAHALLI TALUK-562 110.
…RESPONDENTS
(BY SRI. K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS WHICH ULTIMATELY RESULTED IN ISSUING OF NOTICE
DATED
30.07.2026
ISSUED
BY
4TH
RESPONDENT-SENIOR
GEOLOGIST BEARING NO.DMG-SGBRD/QL-989/2026-27/1454 VIDE
ANNEXURE-A; ISSUE AN ORDER, DIRECTION OR WRIT IN THE
NATURE
OF
CERTIORARI
QUASHING
OF
NOTICE
DATED
30.07.2026 ISSUED BY 4TH RESPONDENT - SENIOR GEOLOGIST
BEARING NO.DMG/SGBRD/QL-989/2026-27/1454 VIDE ANNEXURE-A; 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 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, inter alia, impugning the notice dated 30.07.2026 issued by the Senior Geologist, Department of Mines and Geology (respondent No.4), suspending the mining operations under the quarry lease granted to the petitioner (QL-989) on land comprised of 2.23 acres in Survey No.40 of Mayasandra Village, Devanahalli Taluk, Bengaluru Rural District.
3. The said notice is premised on the ground that a Nala (Halla) exists on the subject land [leased land], which has been filled up with mud, rock and mining waste. It is the petitioner's case that no Nala exists or existed on the leased land. The petitioner submits that the said allegation is premised solely on the Village Map. According to the petitioner, the issue of existence / non-existence of a Nala had already been considered prior to the grant of the quarry lease. A joint survey was conducted on 17.02.2017, which
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indicated that there was no Nala on the leased land as per the undated joint survey report referred to by the petitioner.
4. The petitioner also submits that the decision as to whether the lease is liable to be cancelled can only be taken by the State Government and not by the Senior Geologist.
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 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.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE MBM/List No.: 2 Sl No.: 10