IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION No.15709/2019 (GM-MM-S) BETWEEN:
SRI. DINESH SHETTY S/O SUNDER SHETTY AGED ABOUT 40 YEARS R/AT HOSAMANE, SOODA VILLAGE KARKALA TALUK UDUPI DISTRICT-574 244 ... PETITIONER (BY SHRI. UDAYA PRAKASH MULIYA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIDHANA SOUDHA, BENGALURU-560 001 2. THE SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU-560 001 3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, RACE COURSE ROAD KHANIJA BHAVANA, BENGALURU-560 001 4. DISTRICT TASK FORCE COMMITTEE REP., THE DEPUTY COMMISSIONER BEING THE CHAIRMAN, UDUPI DISTRICT UDUPI-576 104 5. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAJATHADRI A BLOCK MANIPAL, UDUPI DISTRICT UDUPI-576 104 ... RESPONDENTS (BY SHRI. VIKRAM HUILGOL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DATED 13.02.2019 PASSED BY THE R-5 VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:-
O R D E R The petitioner was granted a lease on 21.06.2017(w.e.f. 24.07.2015) to quarry ordinary building stone. Accordingly, quarrying lease No.363 was executed.
2. One Suresh Devadiga submitted a complaint to the Karnataka Lokayukta stating that the land in question falls within the ‘deemed forest area’. Accordingly, by endorsements dated 13.02.2019, the Senior Geologist, Department of Mines and Geology, Manipal, Udupi District, directed the petitioner to stop quarrying activities on the ground that the stone crushing area falls within the ‘deemed forest area’. Feeling aggrieved, petitioner has filed this writ petition seeking to quash the said endorsement.
3. Shri Udaya Prakash Muliya, learned Advocate for the petitioner draws our attention to the letter dated 18.02.2019 from Secretary to the Government of Karnataka, Commerce and Industries Department addressed to the Registrar, Karnataka Lokayukta, wherein it is stated that after joint inspection, it has been found that the lands in respect of which quarrying leases have been executed or permission has been granted to establish crushing unite in Karkala Taluk, Udupi District, fall outside the ‘deemed forest area’. Hence, it is submitted that in view of the aforesaid communication, the impugned endorsement is unsustainable in law.
4. Shri Vikram Huilgol, learned High Court Government Pleader does not dispute the aforesaid communication by the Secretary to the Government, Commerce and Industries Department to the Registrar, Karnataka Lokayukta.
5. In the circumstances, the impugned endorsement directing the petitioner to stop quarry is unsustainable. Resultantly, this petition merits consideration and it is accordingly allowed. Endorsement dated 13.02.2019(Annexure-A) issued by fifth respondent is quashed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Yn.