NAVAYUVAKA SANGHA Vs. GOVT OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are villagers of Genikehali village, bellary Taluk and District. It is not in dispute that the 5th respondent pursuant to notification dated 9-11-2001 has been granted lease of grey granite stone quarrying with effect from 30-6-2003 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; and District by its resolution dated 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 Sri 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-144-MMN-2001dated 9-11-2001 in respect of the land bearing Sy. No. 339 to an extent of 4. 22 cents of Genikehalu village, bellary Taluk and 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 not 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 Archaeological 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 sanctity and the same is located either in or around the impugned quarry leased out to respondent No, 5 or is situated within the prohibited distance of the impugned quarry.