Karnataka High Court
Murudeshwar Ceramics Limited vs State Of Karnataka on 13 February, 2025
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WP No. 1674 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 1674 OF 2025 (GM-MM_S)
BETWEEN:
MURUDESHWAR CERAMICS LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
NAVEEN COMPLEX, 7TH FLOOR
NO.14, M.G. ROAD
BANGALORE-560 001
REPRESENTED BY ITS AUTHORIZED SIGNATORY
SATISH R. SHETTY
Digitally CHAIRMAN AND MANAGING DIRECTOR.
signed by H
K HEMA
Location: ...PETITIONER
High Court
of Karnataka (BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE ALONG WITH
SRI SANDEEP LAHIRI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY THE SECRETARY
DEPARTMENT OF COMMERCE AND
INDUSTRIES, GOVERNMENT OF KARNATAKA
VIKASA SOUDHA, 1ST FLOOR
DR. AMBEDKAR ROAD, BANGALORE - 560 001.
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WP No. 1674 of 2025
2. THE DEPUTY DIRECTOR
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR, KARNATAKA-562 101.
3. DEPUTY CONSERVATOR OF FORESTS
DEPARTMENT OF FOREST
CHIKKABALLAPUR DIVISION
CHIKKABALLAPUR, KARNATAKA-562 101.
4. THE ADDITIONAL CHIEF SECRETARY
FOREST ECOLOGY & ENVIRONMENT
DEPARTMENT, GOVERNMENT OF
KARNATAKA, M.S. BUILDING
BANGALORE - 560 001.
5. RANGE FOREST OFFICER
DEPARTMENT OF FOREST
SIDALGHATTA DIVISION
CHIKKABALLAPUR, KARNATAKA-562 101.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER
OR DIRECTION, DIRECTING THE RESPONDENT NO.4 TO
CONSIDER THE REPRESENTATION OF THE PETITIONER
DATED 27.11.2024 AND CONSEQUENTLY DELETE THE ENTRY
AT SL.No.3347 AND 3348 PERTAINING TO SY.NOS.26 AND 27
OF MADDENAHALLI VILLAGE, BASHETTYHALLI HOBLI,
SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT
MEASURING 4 HECTARES (9.88 ACRES) FROM THE PURVIEW
OF DEEMED FOREST LIST VIDE ANNEXURE-A, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WP No. 1674 of 2025
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The petitioner which is a Company engaged in the
manufacturing of vitrified tiles, by invoking the jurisdiction of this
Court under Article 226 of the Constitution, has prayed to direct
respondent No.4-the Additional Chief Secretary, Forest, Ecology
and Environment Department, Government of Karnataka, to
consider its representation dated 27.11.2024 and to
consequentially delete the entry at Sl.Nos.3347 and 3348 in
relation to Sy.Nos.26 and 27, being the lands situated at
Maddenahalli Village, Bashettyhalli Hobli, Sidlaghatta Taluka,
Chikkaballapura District admeasuring 4 Hectares (9.88 Acres),
from the purview of the deemed forest.
2. Not only the prayer is limited in its nature as above, as was
highlighted by learned Senior Advocate Mr. Vikram Huilgol assisted
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by learned advocate Mr. Sandeep Lahiri for the petitioner, the
dispute in the background also lies in narrow compass.
3. It is the case of the petitioner that it obtained mining licence
in respect of the land in question on 12.08.1999 which was initially
for a period of twenty years from 19.03.1991 to 18.03.2011. The
Competent Authority issued no objection certificate and clearance
certificate and subsequently, the Karnataka State Pollution Control
Board also issued consent for establishment of mining operations.
The mining lease was renewed on 31.05.2017 upto 31.03.2020.
3.1. It is the case of the petitioner that by virtue of the amendment
in the Karnataka Minor Mineral Concession Rules, the petitioner is
now entitled to get its lease renewed for further period of twenty
years. It is the further case that the petitioner was allowed to
execute the renewed mining lease and to continue the mining
operations.
3.2. A renewed mining lease was also granted in favour of the
petitioner on 13.08.2018 by the Director, Department of Mines and
Geology. Thereafter, an application was made by the petitioner on
11.04.2023 to the Director, Department of Mines and Geology, to
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renew and extend the mining lease of the petitioner for twenty
years. However, the said request was kept pending and extension
is not granted.
3.3. It is the case of the petitioner that despite passage of seven
years and more, the respondent-authorities have sat tight on the
ground that the entry in the revenue record mentions the lands in
question to be in deemed forest list. It is in the above light, it was
submitted that the representation was made. It is now prayed
before this Court to direct respondent No.4 to decide the
representation.
4. Learned Additional Government Advocate Smt. Niloufer
Akbar submitted that looking to the kind and nature of the prayer
which is only to require the Competent Authority to look into the
representation and decide the same, the same could be
considered.
5. In light of the above, this petition is disposed of by directing
respondent No.4 to consider and decide the representation of the
petitioner dated 27.11.2024 in relation to the aspect whether
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Sy.Nos.26 and 27 where the petitioner is claiming leasehold rights
are the areas within the deemed forest.
5.1. The Competent Authority shall undertake the exercise,
record factual finding and intimate the decision to the petitioner in
accordance with law within a period of eight weeks from the date of
receipt of certified copy of the order.
6. It is clarified that this Court has not entered into nor has
expressed any opinion on the merits of the case of the either side.
7. The petition is disposed of granting the above limited
directions.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
VMB
