Karnataka High Court
Sri B Hanumanthappa vs The Chairman And Deputy Commissioner on 21 October, 2024
-1-
NC: 2024:KHC:42060-DB
WP No. 22311 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 22311 OF 2024 (GM-MM_S)
BETWEEN:
1. SRI B. HANUMANTHAPPA,
AGED ABOUT 63 YEARS,
S/O LATE C.M.BYANNA,
R/A DHANAVAHALLI VILLAGE,
NARASAPURA HOBLI,
KOLAR TQ AND DIST.
PIN CODE - 563133.
...PETITIONER
(BY SRI NATARAJA BALLAL A., ADVOCATE)
Digitally signed
by VALLI AND:
MARIMUTHU
Location: High 1. THE CHAIRMAN AND DEPUTY COMMISSIONER,
Court of
Karnataka DISTRICT TASK FORCE (MINES) COMMITTEE,
KOLAR TALUK AND DISTRICT - 563101.
2. THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
OFFICE OF THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
JILLA ADALITHA BHAVANA,
KOLAR - 563 101.
3. SUPERINTENDENT OF POLICE,
KOLAR DISTRICT,
KOLAR - 563101.
-2-
NC: 2024:KHC:42060-DB
WP No. 22311 of 2024
4. SUB INSPECTOR OF POLICE,
VEMGAL POLICE STATION,
VEMGAL HOBLI,
KOLAR TALUK AND DIST.
PIN CODE - 563102.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING ISSUE A WRIT OF
MANDAMUS TO THE RESPONDENT Nos.1 TO 4 TO GRANT
PROTECTION TO PETITIONER TO CARRY ON THE QUARRYING
WORK IN THE LICENSED LAND.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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)
This petition is filed seeking writ of mandamus to respondent
Nos.1 to 4 to grant protection to the petitioner to carry on the
quarrying work in his licensed land.
2. Respondent No.1 is the Chairman and Deputy
Commissioner, District Task Force (Mines) Committee, Kolar
NC: 2024:KHC:42060-DB
District, respondent No.2 is the Senior Geologist, Kolar, respondent
No.3 is the Superintendent of Police, Kolar District and respondent
No.4 is the Sub-Inspector of Police, Vemgal Hobli, Kolar Taluka
and District.
3. The case of the petitioner is that he is having licence to
quarry the building stones in 0.25 Acres of Survey No.07 at Vemgal
Holbi, Thoranakambadahalli Grama, Kolar Taluka and District. It is
the further case that the adjacent licencee M/s. Nagashree Stone
Suppliers has been interfering with the entry of the petitioner to his
own licensed quarry land. The said M/s. Nagashree Stone
Suppliers has been occupying the area of the petitioner
unauthorisedly inasmuch as the licence granted to it had already
expired on 29.10.2021.
4. It is submitted that representation has been made to
respondent Nos.1 to 3 to the effect that the petitioner is not able to
enter and work in his licensed quarry land by the high-handedness
on the part of the said M/s. Nagashree Stone Suppliers.
4.1 Although learned advocate for the petitioner took the Court
through the factual pleadings, it could be noticed that the said
NC: 2024:KHC:42060-DB
M/s. Nagashree Stone Suppliers is not arrayed as party in this
petition. Be that as it may.
4.2 Learned Additional Government Advocate Smt. Niloufer
Akbar would submit that the prayer for grant of protection is
peculiar in itself. It could not be granted in the facts of the case
and that the petitioner has to approach the competent authority if
he is justified in raising such grievance.
5. In the totality of facts, when the only prayer is to grant
protection, the Court is of the view that the petitioner has to
approach respondent Nos.3 and 4-authorities and request them to
look into the facts pleaded by him.
5.1 At this stage, learned advocate for the petitioner submitted
that the representation is already made to respondent Nos.3 and 4
which figures in the compilation of the petition.
6. In view of the above, without expressing any opinion and
without entering into the merits of the case of the petitioner, the
Court deems it fit to require respondent Nos.3 and 4-authorities to
consider the petitioner's representation, examine the facts and take
NC: 2024:KHC:42060-DB
necessary steps in accordance with law. No further relief could
be granted to the petitioner.
7. The petition is disposed of accordingly.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
MV
