Karnataka High Court
Mr.Mohammed Asharaf vs The State Of Karnataka on 21 February, 2026
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 25228 OF 2025 (GM-MM-S)
BETWEEN:
1. MR.MOHAMMED ASHARAF
S/O T.A. KHADER
AGED ABOUT 49 YEARS
R/AT NEAR POMPAI CHURCH ROAD
KANDAVARA PADAVU, KAIKAMBA
KANDAVARA VILLAGE, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT-574151
2. MRS NEETHAKSI
W/O SRI KISHORE
AGED 33 YEARS
R/AT 1-218 ANUGRAHA, NEAR CHURCH
Digitally
signed by KANDAVARA VILLAGE, MANGALORE TALUK
SRIDEVI S DAKSHINA KANNDA DISTRICT-574151
Location:
High Court 3. MR GAJANANA BHAT
of Karnataka S/O SRI MANJUNAHTA BHAT
AGED 56 YEARS
R/AT 109/15, ABHISTA HOUSE
KANDAVARA VILLAGE, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT-574151
4. MR. ANNI POOJARY
S/O MR JARAPPA
AGED 66 YEARS
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R/AT NEAR POMPEI CHURCH
KANDAVARA VILAGE, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT-574151
5. MRS RANJITHA
W/O SRI DINESH
AGED 31 YEARS
R/AT MUDUKARE
KANNDAVARA VILLAGE, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT-574151
6. MRS VINEETHA
W/O SRI PRAVEEN JAYARAMA
AGED 34 YEARS
R/AT NEAR POMPEI CHUIRCH
KANDAVARA VILAGE, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT-574151
7. MR RAVINA ROBERT CUTINHO
W/O SRI ROBERT CUTINHO
AGED 48 YEARS
R/AT 1-279/18 DIVINE HOUSE
BEHIND POMPEI CHURCH
KANDAVARA VILLAGE, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT-574151
8. MR MAHAMMED ARIF
S/O SRI HASANABBA
AGED 34 YEARS
R/AT NEAR CHIRCH, KINNI KAMBALA POST
KANDAVARA VILLAGE, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT-574151
9. MRS SOWMYA C
W/O SRI SUNIL
AGED 40 YEARS
R/AT 1-12/5 BHOOMIKA NIVASA HOUSE
KANDAVARA VILLAGE
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KINIKAMBLA POST, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT-574151
10. MR MOHAMMED ANSAR
S/O LATE HASANABBA
AGED 36 YEARS
R/AT 1/7 KANDAVARA PADAV
KANDAVARA VILLAGE, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT-574151
11. MR. UMESH BADAVIDE
S/O LATE CHENNAPPA POOJARY
AGED 67 YEARS
R/AT 1-9/7 OMKARA NILAYA
KANDAVARA VILLAGE, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT 574151
12. MR. SURESH KUMAR
S/O RAMACHANDRA POOJARY
AGED 42 YEARS R/AT 1/9-1 SHRI DHAMA
UMESH SHETTY COMPOUND
KANDAVARA VILLAGE, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT - 574151
13. MRS VASANTHI
W/O SRI RAMACHANDRA POOJARY
AGED 73 YEARS
R/AT 1/9-1 SHRI DHAMA
UMESH SHETTY COMPOUND
KANDAVARA VILLAGE, MANGALORE TALUK
DAKSHINA KANNADA DISTRICT-574151
14. MRS. LAVEENA JOYCE ROSARIO
W/O SRI. RICHARD JOY ROSARIO
R/AT 1-9/1 REJOICE
NEAR POMPEL CHURCH ROAD
AGED 51 YEARS
R/AT 1/9-1 SHRI DHAMA
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UMESH SHETTY COMPOUND
KANDAVARA VILLAGE
MANGALORE TALUK
DAKSHINA KANNADA DISTRICT - 574151
15. MS. PRIYA MONTHERO
D/O SRI AVI MONTHERO
AGED 33 YEARS
R/AT 1-153 MUGER HOUSE
BALLKUNJE VILLAGE, MANGALORE - 574154
16. MRS. GRETA MONTARA
W/O SRI AVI MONTHERO
AGED 59 YEARS
R/AT 1-153 MUGER HOUSE
BALLKUNJE VILLAGE, MANGALORE 574154
17. MR. KRISHNA SOMAYAJI
S/O SRI M RAMAKRISHNA SOMAYAJI
AGED 63 YEARS
R/AT 1-279/19, KAUSTUBHA
KANDAVARA PADAVU, MANGALORE
18. MR. HASEENA ASHRAF
W/O SRI MOHAMMED ASHRAF
AGED 38 YEARS
R/AT 1-1, T A COTTAGE
NEAR POMPEL CHURCH ROAD
KINNIKAMBLA POST, KANADAVAR VILLAGE
MANGALORE - 574151
19. MR. JOHN RODRIGUES
S/O SRI JOSPEH RODRIGUES
AGED 71 YEARS
R/AT 1-3/1, KANDAVAR PADAVU HOUSE
KINNIKAMBLA POST, KANADAVAR VILLAGE
MANGALORE 574151
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20. MR. N. CHITHARANJAN DAS
S/O SRI K CHANDRASHEKARA
AGED 47 YEARS
R/AT 1-8/2 ROHINI NIVASA
NEW LAYOUT
KINNIKAMBALA KANADAVAR VILLAGE
MANGALORE - 574151
21. MR. FOUZIYA
W/O SRI SAHUL HAMEED
AGED 33 YEARS
R/AT 1-1A T A COTTAGE
NEAR POMPEI CHURCH ROAD
KINNIKAMBLA POST
KANADAVAR VILLAGE, MANGALORE - 574151
22. MR. HARIPRASAD
S/O SRI RAMA POOJARY
AGED 44 YEARS
1-12/11 BEHIND CHURCH
KANDAVARA PADAVU
KINNIKAMBLA POST, KANADAVAR VILLAGE
MANGALORE - 574151
23. MR. DINESH KUMAR
S/O SRI ANAND POOJARY
AGED ABOUT 37 YEARS
R/AT 4-65 BAILU, MUDUKARE KINNIKAMBLA POST
KANADAVAR VILLAGE MANGALORE - 574151
...PETITIONERS
(BY MISS GLANCIA SHARAN D'SOUZA, ADVOCATE FOR
SRI CHIDANANDA KEDILAYA M., ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF MINES AND GEOLOGY
REPRESENTED BY ITS SECRETARY
VIKASA SOUDHA
BANGALORE-560001
2. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
JUGAL TOWER, MALLIKATTE
MANGALORE - 575002
3. THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
JUGAL TOWER, MALLIKATTE
MANGALORE 575002
4. THE PANCHAYAT DEVELOPMENT OFFICER
KANDAVARA GRAM PANCHAYAT
KANDAVARA VILLAGE
MANGALORE TALUK - 574151
5. MR. VARUN HEGDE
AGED ABOUT 43 YEARS
S/O SRI. JANARDHANA HEGDE
R/O 28, SANTHOSH, ANANTHA NAGAR
UDUPI 576104
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-3,
SRI K CHANDRANATH ARIGA, ADVOCATE FOR R-4 &
SRI B LETHIF, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR
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DIRECTION QUASHING THE QUARRY LICENSE DATED
08.05.2025 BEARING No. GaBhuE/Hi BhuV(Mam)/3 A/2025-
26/603-606 AS PER ANNEXURE A ISSUED BY THE
RESPONDENT No. 3 IN FAVOUR OF RESPONDENT No. 5 AND
ETC,.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The learned counsel appearing for the petitioners submits that the present petition has become infructuous as the quarrying license which is impugned in the present petition has expired. She submits that fresh license has been issued. However, the petitioner does not have a copy of the same. She requests that directions be issued to the respondents - authorities to provide a copy of the said licence. In view of the above, the present petition is disposed of as infructuous.
2. However, respondent No.2 is directed to ensure that a copy of the quarry license granted to Respondent No.5 is forwarded to -8- NC: 2026:KHC:10879-DB WP No. 25228 of 2025 HC-KAR the counsel for the petitioners within a period of two weeks from date.
3. Pending application stands disposed of.
Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE Sd/-
(C.M. POONACHA) JUDGE SD, List No.: 1 Sl No.: 13