Karnataka High Court
Mr.C.M. Dhananjaya vs The State Of Karnataka on 6 March, 2025
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NC: 2025:KHC:10086-DB
WP No. 1810 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 1810 OF 2025 (GM-MM_S)
BETWEEN:
1. MR.C.M. DHANANJAYA
S/O LATE MAYANNA
AGED ABOUT 53 YEARS
R/A NO.161, CHOLANAYAKANAHALLI
TIPPAGONDANAHALLI POST
TAVAREKERE HOBLI
BANGALORE SOUTH TALUK
BANGALORE DISTRICT-562 120
...PETITIONER
Digitally (BY SRI. S.S.MAHENDRA, ADVOCATE)
signed by H
K HEMA
AND:
Location:
High Court
of Karnataka
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY (MINES),
DEPARTMENT OF COMMERCE
AND INDUSTRIES,
VIKASA SOUDHA, 1ST FLOOR
BENGALURU-560 001
2. THE DIRECTOR,
DEPARTMENT OF MINES
AND GEOLOGY
KHANIJA BHAVAN
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WP No. 1810 of 2025
RACE COURSE ROAD
BENGALURU-560 001
3. THE SENIOR GEOLOGIST
DEPARTMENT OF MINES
AND GEOLOGY
13TH FLOOR, V.V. CENTRE
DR.AMBEDKAR VEEDI
BENGALURU URBAN DISTRICT
BENGALURU-560 001
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER,
OR DIRECTION TO QUASH THE ORDER DATED 21.12.2024
(ANNEXURE-A) PASSED BY RESPONDENT No.3:SENIOR
GEOLOGIST REJECTING THE PETITIONER'S QUARRY LEASE
APPLICATION FOR 2 ACRES IN SURVEY No.20, MADAPATNA
VILLAGE, BANGALORE SOUTH TALUK FOR BEING
ARBITRARY, ILLEGAL, AND OPPOSED TO THE PRINCIPLES
OF EQUITY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
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WP No. 1810 of 2025
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.I.ARUN)
Aggrieved by the order dated 21.12.2024 passed by
respondent No.3 (vide Annexure-A to the writ petition), the present
writ petition is filed.
2. The petitioner made an application for grant of quarry lease
for 2 acres of Government land in Survey No.20 of Madapatna
Village, Bangalore South Taluka. The same came to be rejected
on the ground that due to amendment to the relevant Rules, the
lands for quarrying lease is required to be auctioned and the same
cannot be granted to the petitioner. This was challenged by the
petitioner by way of Writ Petition No.28665 of 2017. This court
while setting aside the impugned order, has held that the
endorsement issued to the petitioner rejecting his application as
erroneous as same was rejected on the ground that the application
was not saved after the amendment. On the said ground, the writ
petition was allowed and the matter was remanded back to the
authorities concerned to consider his prayer for execution of the
lease.
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3. Subsequent to the order passed in Writ Petition No.28665 of
2017, again the application of the petitioner was rejected on the
ground that necessary NOCs were not obtained before 12.08.2016.
Aggrieved by the same, petitioner preferred Writ Petition No.27229
of 2018. This court has allowed the writ petition observing that the
request of the petitioner could not have been rejected on the said
ground given the facts and circumstances of the case and has
remanded the matter back to the authorities concerned.
4. In the meanwhile, on the ground that 1 acre of the requested
2 acres of land has been allotted to somebody else, the petitioner
requested for allotment of a different 2 acres of land in the same
survey number. On the said ground, concerned legal department
recommended rejection of the request of the petitioner. Based on
the said legal opinion, respondent No.3 has rejected the application
of the petitioner. Aggrieved by the same, the present writ petition is
filed.
5. The case of the petitioner is that there has been a slight
modification of the area requested to be allotted to the petitioner as
a portion of the earlier area has been now allotted to a different
person and the present area is vacant and similarly situated
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persons have been given the said benefit by the Government but in
the case of petitioner, same has been rejected. It is further
submitted that the petitioner was not given an opportunity of
hearing before rejecting his application and the same is in violation
of known principles of natural justice. It is also submitted that
though in all other aspects respondent No.3 finds the application of
the petitioner being viable for grant of mining lease, has rejected
the same solely based upon the recommendations made by the
concerned legal department and it is erroneous on the face of it.
6. Learned Additional Government Advocate upon instructions
fairly submits that the impugned order is passed without application
of mind and hence, the same may be set aside and remanded back
to respondent No.3 and he shall consider the same in accordance
with law and pass appropriate orders thereafter.
7. The petitioner is agreeable for the same.
8. For the aforementioned reasons, the impugned order dated
21.12.2024 (vide Annexure-A to the writ petition) passed by
respondent No.3 is hereby set aside.
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9. The matter is remanded back to respondent No.3 with a
direction to consider the application of the petitioner in accordance
with law and pass appropriate orders within a period of twelve
weeks from the date of receipt of a certified copy of this order.
10. It is hereby made clear that no opinion is expressed on
merits of the case.
11. The writ petition is disposed of accordingly.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
PGG
