WA/952/2025 of M/S BALAJI STONE CRUSHER Vs THE STATE OF KARNATAKA on 3 August 2026

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH) Heard Sri. Raveendra Gajanan Kolle, learned counsel for the appellant and Sri. I Tharanath Poojary, learned

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Additional Advocate General along with Sri B. Ravindranath, learned Additional Government Advocate appearing for Respondents No.1-3, 5 & 6, and Sri. P.V. Chandrashekar, learned counsel appearing for respondent No.4.

2. This intra-Court appeal has been filed impugning the judgment and order dated 24.04.2025 passed by the learned Single Judge in W.P.No.3523/2025 (KLR-LG) filed by the petitioner/appellant therein seeking following prayers: "A. Issue a Writ of Certiorari or any other order or direction directing to quash or set aside the Govt.Order bearing No.Kam.E 705 LGB 2012, Bengaluru dated 25.10.2012 issued by 3rd Respondent Under Secretary produced at ANNEXURE-A, as the same is discriminatory, without the authority of law & contrary to the Circular dated 04.10.2012 issued by the 1st Respondent Chief Secretary produced at ANNEXURE-B; and/or B. Pass any such other further Orders as this Hon'ble Court deems as fit & proper to meet the ends of justice."

3. In some and substance, the challenge was to the Government Order dated 04.10.2012, where under,

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the rent for the land allotted for setting up the stone crushers was fixed as per their locations.

4. The said Government Order is now superseded by statutory amendment in the rules i.e., of the Karnataka Land Grant Rules, 2015 by inserting Rule 22A which came into force from 09.06.2015, which provides as under: 22-A. Payment of Market Value or guidance value for land granted under Rules 19 to 22.-(1) Notwithstanding anything contained in Rules 19 to 22 and in supersession of the rates fixed on lease basis under Rules 19 to 22, the Government hereby fix the uniform market value or guidance value in respect of private bodies or institution to whom grant is made on lease basis as following namely.-

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5. The learned Single Judge has dismissed the writ petition stating that, in the present case State has merely fixed two prices, one at 10% of the guidance value for areas in respect of all Districts other than the Bangalore Rural and Ramanagara Districts, whereas the prices are fixed at 20% of the guidance value for the said two Districts. The land in and around Bengaluru has far more value than the land in the District.

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6. The rental or lease has to be taken as per the land value. The statutory provisions by amending the Karnataka Land Grant Rules, specifically now provid that the District Commissioner should fix the rent after taking into consideration every aspect of such land taking into account the locality, the purpose of which the land is utilized.

7. Be that so, we do not find that the Government Order dated, 04.10.2012 made on 25.10.2012 was in violation of any of the statutory or the fundamental rights of the petitioner. After 2015, when the rule has been amended, there should be a uniform rental on the land, but before 2015, by execution of insertion, the lease/rent was fixed as per location of stone crushers.

8. We do not find that, such an arrangement for collecting the lease rental was in any way is in violation of the fundamental rights or any of the statutory rights.

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9. We find no merit in the present writ appeal and therefore, the same stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE HR List No.: 2 Sl No.: 5