Karnataka High Court
WP/13052/2023 of SHIVAYOGIGOUDA H PATIL Vs THE STATE OF KARNATAKA on 6 August 2026
CNR: KAHC010276892023 NC: 2026:KHC:41475-DB WP No. 11831 of 2023 C/W WP No. 11672 of 2023 WP No. 11695 of 2023 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH 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. 11831 OF 2023 (GM-MM-S)
C/W WRIT PETITION NO. 11672 OF 2023 (GM-MM-S), WRIT PETITION NO. 11695 OF 2023 (GM-MM-S), WRIT PETITION NO. 13052 OF 2023 (GM-MM-S) &
WRIT PETITION NO. 13101 OF 2023 (GM-MM-S)
IN WP No. 11831/2023
BETWEEN:
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1. M/S. VIJAYALAXMI STONE CRUSHER REP. BY ITS PROPRIETOR: B.H. KALAL S/O LATE HEMADRAPPA AGED ABOUT 65 YEARS R/AT 1864, BASAVESHWAR NAGAR 3RD CROSS, B BLOCK MAIN ROAD HAVERI TOWN AND TALUKA HAVERI DISTRICT - 581 110 …PETITIONER (BY SRI RAJESH BHAT, ADVOCATE FOR SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)
AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY
Digitally signed by AMBIKA H B Location: High Court of Karnataka
HC-KAR
VIDHANA SOUDHA, BENGALURU BENGALURU - 560 001
2. THE SECRETRY TO GOVT DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU BENGLURU - 560 001
3. THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560 001
4. THE SENIOR GEOLGIST AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY NO.108, ZILLADALITHA BHAVANA GADAG DISTRICT - 582 101
5. THE ADDITIONAL CHEF SECRETARY DEPARTMENT OF FORESTS, ECOLOGY & ENVIRONMENT, GOVT. OF KARNATAKA VIDHAN SOUDHA, BENGALURU BENGALURU - 560 001
6. THE MEMBER SECRETARY STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KARNATAKA (SEIAA), DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT ROOM NO.706 7TH FLOOR, 4TH GATE, M.S. BUILDING BENGALURU - 560 001
7. THE SECRETARY (SEAC) STATE EXPERT APPRAISAL COMMITTEE DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT, ROOM NO. 706 7TH FLOOR, 4TH GATE M.S. BULDING, BENGALURU - 560 001 …RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-5 & SRI D. NAGARAJ, ADVOCATE FOR R-6 & R-7)
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER A DIRECTION, DIRECTING THE 6TH RESPONDENT SEIAA TO PASS APPROPRIATE ORDERS GRANTING ENVIRONMENTAL CLEARANCE CERTIFICATE PURSUANT TO PETITIONER'S APPLICATION DATED 04.03.2022 PRODUCED AT ANNEXURE-A, WITHOUT REFERRING TO NON- EXISTING 10 KM DEFAULT ESZ PERTAINING TO KAPPATHAGUDDA WILDLIFE SANCTUARY, ESPECIALLY IN THE LIGHT OF LAW LAID DOWN BY HON'BLE APEX COURT IN T.N. GODAVARMAN CASE REPORTED IN 2022 (10) SCC 544 PRODUCED AT ANNEXURE-G & ETC.
IN WP NO. 11672/2023 BETWEEN:
1. NIRMALA S. BALLARI AGED ABOUT 48 YEARS R/AT NO.420, MOTEBENNURU VILLAGE AND POST BYADAGI TALUK HAVERI DISTRICT - 581 106 ...PETITIONER (BY SRI RAJESH BHAT, ADVOCATE FOR SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)
AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIKASA SOUDHA, BENGALURU BENGALURU - 560 001
2. THE SECRETARY TO GOVT DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU BENGALURU - 560 001
3. THE DIRECTOR AND COMMISSIONER DEPORTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560 001
HC-KAR
4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY NO.108, ZILLADALITHA BHAVANA GADAG DISTRICT - 582 101
5. THE ADDITIONAL CHEIF SECRETARY DEPARTMENT OF FORESTS, ECOLOGY AND ENVIRONMENT GOVT. OF KARNATAKA VIDHAN SOUDHA, BENGALURU BENGALURU - 560 001
6. THE MEMBER SECRETARY STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTYHORITY KARNATAKA (SEIAA) DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT ROOM NO.706, 7TH FLOOR 4TH GATE, M.S. BUILDING BENGALURU - 560 001
7. THE SECRETARY (SEAC) STATE EXPERT APPRAISAL COMMITTEE DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT ROOM NO.706, 7TH FLOOR, 4TH GATE M.S. BULDING, BENGALURU - 560 001 ...RESPONDENTS
(SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-5 SRI D. NAGARAJ, ADVOCATE FOR R-6 & R-7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE 6TH RESPONDENT SEIAA TO PASS APPROPRIATE ORDERS GRANTING ENVIRONMENTAL CLEARANCE CERTIFICATE PURSUANT TO PETITIONER'S APPLICATION, DATED 20.11.2021 BEARING No. SEIAA 622 MIN 2021 PRODUCED AT ANNEXURE-A, WITHOUT REFERRING TO NON-EXISTING 10 KM DEFAULT ESZ PERTAINING TO KAPPATHAGUDDA WILDLIFE SANCTUARY,
HC-KAR
ESPECIALLY IN THE LIGHT OF LAW LAID DOWN BY HON'BLE APEX COURT IN T.N. GODAVARMAN CASE REPORTED IN 2022
(10) SCC 544 PRODUCED AT ANNEXURE-G AND ETC.
IN WP NO. 11695/2023 BETWEEN:
1. S.R. BALLARY AGED ABOUT 55 YEARS R/O MOTEBENNUR VILLAGE AND POST BYADAGI TALUK HAVERI DISTRICT - 581 106 ...PETITIONER (BY SRI RAJESH BHAT, ADVOCATE FOR SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)
AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560 001
2. THE SECRETARY TO GOVT. DEPT. OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU BENGALURU - 560 001
3. THE DIRECTOR AND COMMISSIONER DEPT. OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560 001
4. THE SENIOR GEOLOGIST AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY NO.108, ZILLADALITHA BHAVANA GADAG DISTRICT - 582 101.
5. THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FORESTS ECOLOGY AND ENVIRONMENT
HC-KAR
GOVT. OF KARNATAKA VIDHANA SOUDHA, BENGALURU BENGALURU - 560 001
6. THE MEMBER SECRETARY STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KARNATAKA (SEIAA), DEPARTMENT OF FOREST ECOLOGY & ENVIRONMENT ROOM NO.706 7TH FLOOR, 4TH GATE, M.S. BUILDING BENGALURU - 560 001
7. THE SECRETARY(SEAC) STATE EXPERT APPRAISAL COMMITTEE DEPT. OF FOREST ECOLOGY & ENVIRONMENT ROOM NO.706, 7TH FLOOR 4TH GATE, M.S. BUILDING BENGALURU - 560 001 ...RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-5 SRI D. NAGARAJ, ADVOCATE FOR R-6 & R-7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE 6TH RESPONDENT SEIAA TO PASS APPROPRIATE ORDERS GRANTING ENVIRONMENTAL CLEARANCE CERTIFICATE PURSUANT TO PETITIONERS APPLICATION, DATED 20.07.2021 BEARING NO.SEIAA 320 MIN 2021 PRODUCED AT ANNEXURE-A, WITHOUT REFERRING TO NON-EXISTING 10 KM DEFAULT ESZ PERTAINING TO KAPPATHAGUDDA WILDLIFE SANCTUARY, ESPECIALLY IN THE LIGHT OF LAW LAID DOWN BY HON'BLE APEX COURT IN T.N. GODAVARMAN CASE REPORTED IN 2022
(10) SCC 544 PRODUCED AT ANNEXURE-G AND ETC.
IN WP NO. 13052/2023 BETWEEN:
1. SHIVAYOGIGOUDA H. PATIL AGED ABOUT 49 YEARS
HC-KAR
R/AT GAUDER AREA ASUNDI VILLAGE BINAKDAKATTI, GADAG GADAG DISTRICT - 582 103 ...PETITIONER (BY SRI RAJESH BHAT, ADVOCATE FOR SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU BENGALURU - 560 001
2. THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FORESTS, ENVIRONMENT & ECOLOGY, GOVT. OF KARNATAKA ROOM NO. 448, 4TH FLOOR GATE NO. 2, M.S. BUILDING BENGALURU - 560 001
3. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILD LIFE) AND CHIEF WILDLIFE WARDEN, 2ND FLOOR ARANYA BHAVAN, 18TH CROSS MALLESHWARAM BENGALURU - 560 003
4. THE MEMBER SECRETARY STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEAA) KARNATAKA [CONSTITUTED BY MOEF GOVT. OF INDIA U/S 3 (3) OF ENVIRONMENT (P) ACT, 1986] DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, ROOM NO. 706 7TH FLOOR, 4TH GATE, M.S. BUILDING BENGALURU - 560 001
5. THE SECRETARY (SEAC) STATE LEVEL EXPERT APPRAISAL COMMITTEE
HC-KAR
[CONSTITUTED BY MOEF GOVT. OF INDIA U/S 3 (3) OF ENVIRONMENT (P) ACT, 1986] DEPARTMENT OF FOREST, ECOLOGY & ENVIRONMENT, ROOM NO. 706 7TH FLOOR, 4TH GATE M.S. BUILDING BENGALURU - 560 001
6. THE DEPUTY DIRECTOR GENERAL OF FORESTS (C) MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE INTERGRATED REGIONAL OFFICE KENDRIYA SADAN 4TH FLOOR, E AND F WINGS 17TH MAIN ROAD KORAMANGALA II BLOCK BENGALURU - 560 034 ...RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-4 & R-6; SRI D NAGARAJ, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE 2ND RESPONDENT ADDITIONAL CHIEF SECRETARY TO FORTHWITH FORWARD THE DRAFT ECO SENSITIVE ZONE NOTIFICATION DATED 28.09.2020 PRODUCED AT ANNEXURE-A TO THE 6TH RESPONDENT DEPUTY DIRECTOR, MOEF-CC FOR ONWARD
SUBMISSION
TO MOEF-CC GOVERNMENT OF INDIA, AS PER LETTER DATED 21.07.2022 OF THE 3RD RESPONDENT PCCF (WILDLIFE) PRODUCED AT ANNEXURE-C, IN TERMS OF LATEST DECISION DELIVERED BY HONBLE APEX COURT REPORTED IN 2022 (10) SCC 544 ENABLING TO ISSUE ENVIRONMENT CLEARANCE CERTIFICATE IN ACCORDANCE WITH LAW AND ETC.
IN WP NO. 13101/2023 BETWEEN:
1. GANESH Y. BANAKAPUR AGED ABOUT 54 YEARS
HC-KAR
R/AT ASHWINI NAGAR 4TH CROSS, HAVERI HAVIRI TALUK AND DISTRICT - 581 110 ...PETITIONER (BY SRI RAJESH BHAT, ADVOCATE FOR SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU BENGALURU - 560 001
2. THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FORESTS, ENVIRONMENT & ECOLOGY, GOVT. OF KARNATAKA ROOM NO. 448, 4TH FLOOR GATE NO. 2, M.S. BUILDING BENGALURU - 560 001
3. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) & CHIEF WILDLIFE WARDEN 2ND FLOOR, ARANYA BHAVAN 18TH CROSS, MALLESHWARAM BENGALURU - 560 003.
4. THE MEMBER SECRETARY STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) KARNATAKA [CONSTITUTED BY MOEF, GOVT. OF INDIA U/S 3(3) OF ENVIRONMENT (P) ACT, 1986] DEPARTMENT OF FOREST, ECOLOGY & ENVIROMENT, ROOM NO. 706 7TH FLOOR, 4TH GATE M.S. BUILDING BENGALURU - 560 001
5. THE SECRETARY (SEAC) STATE LEVEL EXPERT APPRAISAL COMMITTEE
HC-KAR
[CONSTITUTED BY MOEF, GOVT. OF INDIA U/S 3(3) OF ENVIRONMENT (P) ACT, 1986] DEPARTMENT OF FOREST, ECOLOGY & ENVIROMENT, ROOM NO. 706 7TH FLOOR, 4TH GATE, M.S. BUILDING BENGALURU - 560 001
6. THE DEPUTY DIRECTOR GENERAL OF FORESTS(C) MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INTEGRATED REGIONAL OFFICE KENDRIYA SADAN 4TH FLOOR, E AND F WINGS 17TH MAIN ROAD KORMANGALA II BLOCK BENGALURU - 560 034 ...RESPONDENTS
(SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-3 & R-6; R-4 SERVED BUT UNREPRESENTED SRI D NAGARAJ, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE 2ND RESPONDENT ADDITIONAL CHIEF SECRETARY TO FORTHWITH FORWARD THE DRAFT ECO SENSITIVE ZONE NOTIFICATION DATED 28/09/2020 PRODUCED AT ANNEXURE-A TO THE 6TH RESPONDENT DEPUTY DIRECTOR, MOEF-CC, FOR ONWARD
SUBMISSION
TO MOEF-CC, GOVERNMENT OF INDIA, AS PER LETTER DATED 21/07/2022 OF THE 3RD RESPONDENT PCCF (WILDLIFE) PRODUCED AT ANNEXURE-C, IN TERMS OF LATEST DECISION DELIVERED BY HON'BLE APEX COURT REPORTED IN 2022 (10) SCC 544 ENABLING TO ISSUE ENVIRONMENT CLEARANCE CERTIFICATE IN ACCORDANCE WITH LAW AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
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 learned counsel appearing for the petitioners seeks to withdraw these petitions. He states that the petitions do not survive.
2. The petitions are dismissed as withdrawn.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
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