IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 44630 OF 2017 (GM-MM-S) BETWEEN:
1. BASAVARAJU S/O LATE SAVANDAIAH AGED ABOUT 46 YEARS R/AT MADAPATNA VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU-562130 2. RAVI B S/O.BALUNAYAK AGED ABOUT 30 YEARS R/AT MADAPATNA VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU-562130 3. CHIKAKTHIMMAIAH S/O HANUMAIAH AGED ABOUT 40 YEARS R/AT MADAPATNA VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU-562130 4. GURUSHANKAR S/O NARASIMHAMURTHY AGED ABOUT 25 YEARS R/AT MADAPATNA VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU-562130 5. HARISH S/O CHANNAPPA AGED ABOUT 40 YEARS R/ AT CHOLANAYAKANAHALLI TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU-562130 6. MAHESH S/O RAJEGOWDA AGED ABOUT 38 YEARS R/AT MADAPATNA VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU-562130 7. KIRAN S/O MUNISWAMY AGED ABOUT 36 YEARS R/AT MADAPATNA VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU-562130 8. MARUTHI S/O LAKSHMAIAH AGED ABOUT 42 YEARS R/AT MADAPATNA VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU-562130 9. KRISHNA S/O GOVINDAIAH AGED ABOUT 40 YEARS R/AT THAVAREKERE TAVAREKERE HOBLI BENGALURU SOUTH TLAUK BENGALURU-562130 10. KUMAR S/O CHANNAPPA AGED ABOUT 46 YEARS R/AT MADAPATNA VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU-562130 (BY SHRI NAGARAJA .S., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP.BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BENGALURU-560001 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDAYA BHAVAN, K.G.ROAD BENGALURU-560002 3. SENIOR GEOLOGIST MINES AND GEOLOGY KHANEJABHAVAN RACE COURSE ROAD BENGALURU-560001 4. S. R. SHRAVAN S/O S.R.RAVISHANKAR AGED ABOUT 32 YEARS R/AT NO.80, (OUT HOUSE) 1ST MAIN ROAD CHAMARAJPET BENGALURU-560018 (BY SHRI T.L. KIRAN KUMAR, AGA FOR R1-3;
... PETITIONERS ... RESPONDENTS SHRI C. S. PRASANNA KUMAR, ADVOCATE FOR R4) ---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R-2 HEREIN, BY WAY OF WRIT OF MANDAMUS, TO ACT ON THE REPRESENTATION DTD 17.06.2017 AT ANNX-A TO PROTECT GOMALA LAND IN SY.NO.19 OF MADAPATNA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, FROM BEING ALLOTTEE/ALIENATED TO EITHER R-4 OR ANY PERSON AND TO RETAIN THE SAID LAND AS GOMALA FOR PURPOSE OF CATTLE BELONGING TO VILLAGERS AND RESIDENTS OF MADAPATNA VILLAGE, TAVAREKERE VILALGE AND HULUVENAHALLI VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK AND ETC.
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER In respect of the land in Sy.No.19 of Madapatna Village, a licence has been granted to the fourth respondent for establishment of stone crusher which is valid till 7th August 2022. Even assuming that the land in Sy.No.19 is a gomala land or could be treated as a gomala land, so long as the licence continues to exist, no relief can be granted in this petition.
2. Our attention is invited to the order dated 9th July 2019 passed by this Court in W.P.No.32748/2018 wherein a statement of the learned Additional Government Advocate has been recorded that a notice will be issued to the fourth respondent to show cause as to why the licence should not be cancelled.
3. Therefore, at this stage, no relief can be granted in this writ petition and the same is accordingly disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN