Karnataka High Court
Sarvar Basha vs Deputy Director on 7 November, 2024
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NC: 2024:KHC:45016-DB
WP No. 8459 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 8459 OF 2023 (GM-MM-S)
BETWEEN:
1. SARVAR BASHA
S/O LATE AMEER SAB,
AGED 68 YEARS,
R/AT 264/B, SARVAR MANZIL,
SHANTHI AVENUE, BEHIND POST OFFICE,
WHITE FIELD,
BANGALORE - 560066.
2. RAFIQ UNNISA,
W/O SARVAR BASHA,
AGED 62 YEARS,
Digitally R/AT 264/B, SARVAR MANZIL,
signed by SHANTHI AVENUE, BEHIND POST OFFICE,
PRABHAKAR
SWETHA WHITE FIELD,
KRISHNAN BANGALORE - 560066.
Location:
High Court 3. SYED ISRAR
of Karnataka S/O SARVAR BASHA,
AGED 41 YEARS,
R/AT 264/B, SARVAR MANZIL,
SHANTHI AVENUE, BEHIND POST OFFICE,
WHITE FIELD,
BANGALORE - 560066.
4. SYED IKRAM,
S/O SARVAR BASHA,
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NC: 2024:KHC:45016-DB
WP No. 8459 of 2023
AGED 39 YEARS,
R/AT 264/B, SARVAR MANZIL,
SHANTHI AVENUE, BEHIND POST OFFICE,
WHITE FIELD,
BANGALORE - 560066.
...PETITIONERS
(BY SRI MOHAMMED TAHIR, ADVOCATE)
AND:
1. DEPUTY DIRECTOR
OFFICE OF THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY
13TH FLOOR, V.V. TOWER,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560001.
2. LAKSHMAN RAO,
AGED 74 YEARS,
S/O LATE SRI. RAMA RAO,
R/AT S-8,
SILVER SPRINGS LAYOUT,
MUNNEKOLALA,
BENGALURU - 560037
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUION PRAYING TO DIRECT THE
RESPONDENT No. 1 TO DONDUCT A SURVEY AND STOP THE
ILLEGAL MINING IN THE SAID SCHEDULE PROPERT AND
ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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NC: 2024:KHC:45016-DB
WP No. 8459 of 2023
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. Mohammed Tahir for the
petitioners and learned Additional Government Advocate
Smt. Niloufer Akbar for respondent No.1, who appeared upon
service of copy of the petition in advance.
2. In this petition filed under Article 226 of the Constitution, the
petitioners have prayed to direct respondent No.1 - the Deputy
Director, Department of Mines and Geology, Bengaluru to conduct
survey and stop the alleged illegal mining in the property, parcel of
agricultural land bearing Sy.No.51/P8 admeasuring 1 Acre and 34
Guntas situated at Meduru Village, Nandagudi Hobli, Hoskote
Taluka, Bengaluru Rural District, the bounds of which are
described in the schedule.
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3. The prayer as above is advanced in the context of facts
pleaded in the petition inter alia that the petitioners are the owners
of the said property which was purchased by them by registered
sale deed dated 18.08.2006. It was stated that since respondent
No.2 was willing to purchase the said property, the petitioners had
executed an agreement to sale in favour of respondent No.2 which
was also registered with the office of Sub-registrar, Hoskote. It was
further stated that upon agreement of sale, possession was also
handed over to the proposed vendee on 24.01.2018.
4. The allegation is that respondent No.2 has started mining
activities in the land illegally and for such illegal activities, the
petitioners may have to face the consequences without fault of their
own.
5. It appears from the statement made by the petitioners in
paragraph 4 of the petition that a suit for specific performance is
also filed against respondent No.2. While the dispute is essentially
appears to be between the petitioners and respondent No.2, only
for the reason that the petitioners have made allegations about
illegal mining activities being carried on the land in question, the
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Court is inclined to grant limited observations, while disposing of
the petition as meritless.
6. The competent authority of the respondents shall look into
the allegations as to whether any illegal mining activity is going on
at the end of respondent No.2 or by anybody in the land in
question. If any such illegal activities is found to be carried on,
action in accordance with law may be taken.
7. Except the above limited observations and without
expressing any opinion on merits, this petition is dismissed.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
KPS
