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Navayuvaka Sangha (R) Rep. by its President Sri. M. Pampana Gouda & Others v/s The Government of Karnataka by its Secretary Dept. of Commerce & Industries (Mines) & Others

    Writ Petition No. 3938 of 2008 (GM-MMS-PIL)

    Decided On, 15 April 2009

    At, High Court of Karnataka

    By, THE HONOURABLE CHIEF JUSTICE MR. P.D. DINAKARAN & THE HONOURABLE MR. JUSTICE V.G. SABHAHIT

    For the Petitioners : N. Kubarappa for Sri. S.S. Guttal, Advocates. For the Respondents : R5, D.L.N. Rao, Sri Patel D.Karegowda, Advocate, R1 & R4 Niloufer Akbar, AGA, R2 & R3, SD.



Judgment Text

(This WP is filed under Articles 226 & 227 of the Constitution of India praying to hold the quarrying Lease/Licence deed granted to R5 under notification dt.9.11.2001 in respect of the land bearing Sy.No.339 to an extent of 4.22 cents of Genikehalu Village, Vellary Taluk and District produced at Annexure J as illegal, arbitrary and capricious and direct the R1 to 4 to cancel the quarrying lease granted in favour of the R5.)


The Petitioners are villagers of Genikehali village, Bellary Taluk & District. It is not in dispute that the 5th respondent pursuant to notification dated 09.11.2001 has been granted lease of grey granite stone quarrying with effect from 30.06.2003 for a period of ten years located in Sy.No.339 to an extent measuring 4.22 cents of Genikehali village of Bellary District. Thereafter the Grama Panchayat Genikehalu, Bellary Taluk & District by its resolution deed 24-11-2007 resolved that as the villagers perform pooja and religious functions in a grand manner during the month of Shravana (July-August) at the place of Shri Shanteshwara Devara Mutt, Genikehalu village and in the ?foot marking? at hill and apprehending that if the impugned mining is permitted to continue the same would cause trouble to the public and also reduce the ground water level, thereby the Grama Panchayat resolved to stop the mining work.


2. On the strength of the resolution passed by Grama Panchayat, the petitioners-villagers have moved the present writ petition seeking a writ of mandamus or any other writ in the same nature holding the quarrying lease/licence deed No.DMC/QL/595/2003-04 granted to respondent No. 5 under Notification No. CI No.144-MMN-2001 dated 09-11-2001 in respect of the land bearing Sy.No.339 to an extent of 4.22 cents of Genikehalu village Bellary Taluk & District, as illegal, arbitrary and Capricious and to direct respondents 1 to 4 to cancel the quarrying lease granted in favour of respondent No.5.


3. we have given our careful consideration to the resolution passed by Grama Panchayat. The said resolution does not even refer to the impugned survey number nor the Grama Panchayat in its resolution has observed that the said pooja and festival is being conducted in or around the impugned quarry nor it is stated that ?foot marking? referred to in the resolution is also located in or around the impugned quarry. That apart, the petitioners have not furnished any material to the satisfaction of this Court either supported by Muzrai Department or the Archeological Department to Substantiate that there exists a temple or deity or ?foot marking? which are found in the revenue or religious or other departmental records which has got any religious sancity and the same is located either in or around the impugned quarry

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leased out to respondent No.5 or is situated within the prohibited distance of the impugned quarry. 4. Under such Circumstances, we are unable to appreciate the grievance of the petitioners and to grand relief as prayed for. Writ petition therefore fails and is dismissed with cost of Rs.5,000/-.
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