Karnataka High Court
Mr Pratap Gowda vs The State Of Karnataka on 31 July, 2025
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NC: 2025:KHC:29637-DB
WP No. 17041 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT PETITION NO. 17041 OF 2025 (GM-MM_S)
BETWEEN:
1. MR PRATAP GOWDA
SON OF RANGANATHAPPA
AGED ABOUT 30 YEARS
RAMANAHALLI, BHUKKAPATANA HOBLI
SIRA TALUK
TUMAKURU DISTRICT - 572 115.
...PETITIONER
(BY SRI MAHENDRA S S.,ADVOCATE)
AND:
Digitally signed
by PRABHAKAR 1. THE STATE OF KARNATAKA
SWETHA
KRISHNAN REPRESENTED BY ITS PRINCIPAL SECRETARY (MINES)
Location: High
Court of DEPARTMENT OF COMMERCE AND INDUSTRIES
Karnataka
VIKAS SOUDHA, 1ST FLOOR
BENGALURU - 560 001.
2. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU - 560 001.
3. THE DEPUTY DIRECTOR/SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
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NC: 2025:KHC:29637-DB
WP No. 17041 of 2025
HC-KAR
KHANIJA BHUVAN, SPOORTHI LAYOUT
BADDIHALLI, RING ROAD
TUMKURU - 572 104.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING RESPONDENT No. 3, DEPUTY
DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY,
TUMKURU, TO CONSIDER REPRESENTATION OF THE
PETITIONER 07.03.2025 AND AFFIDAVIT DATED 06.03.2025
(ANNEXURES-A AND A1), CONSEQUENTLY FACILITATE THE
GENERATION AND ISSUANCE OF THE MINERAL DISPATCH
PERMIT FOR 3500 METRIC TON OF QUARTZ FROM THEIR
AGRICULTURAL LAND MEASURING 3.34 ACRES IN SURVEY
No. 80 OF RAMANAHALLI VILLAGE, BHUKKAPATANA HOBLI,
SIRA TALUK, TUMKUR DISTRICT, IN ACCORDANCE WITH THE
WORKING PERMISSION DATED 18.12.2024 (ANNEXURE-B)
UNDER RULE 3-A(a)(i)(iv) OF THE KARNATAKA MINOR
MINERAL CONCESSION (AMENDMENT) RULES, 2023 & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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NC: 2025:KHC:29637-DB
WP No. 17041 of 2025
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE)
1. Issue notice.
2. Learned Additional Government Advocate accepts notice for the respondents.
3. The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent No.3 [The Deputy Director, Department of Mines and Geology, Tumkuru] to consider the petitioner's representation dated 07.03.2025. The petitioner, consequently, seeks directions for respondent to facilitate the generation and issuance of Mineral Dispatch Permit for 3,500 metric ton of Quartz from his agricultural land measuring 3.34 acres in Survey No.80, Ramanahalli Village, Bhukkapatana Hobli, Sira Taluk, Tumkur District.
4. The petitioner claims that permission under Rule 3-A of the Karnataka Minor Mineral Concession (Amendment) Rules 2023 was granted to the petitioner on 18.12.2024 for removing Quartz -4- NC: 2025:KHC:29637-DB WP No. 17041 of 2025 HC-KAR from his agricultural land. The petitioner had accordingly undertaken the works that were permitted. However, he has been unable to generate the Mineral Dispatch Permit for removal of the mineral.
5. In view of the averments made in the present petition, we consider it apposite to direct respondent No.3-[The Deputy Director, Department of Mines and Geology, Tumkuru] to consider the petitioner's representation dated 07.03.2025 and take an informed decision within a period of four weeks from date and communicate the same to the petitioner.
6. The petition is disposed of in view of the aforesaid observations.
Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE Sd/-
(C M JOSHI) JUDGE KPS List No.: 1 Sl No.: 11