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A division bench of Karnataka High Court headed by Chief Justice Ritu Raj Awasthi today dismissed a Public Interest Litigation (PIL) alleging illegal soil mining in the forest near Tumkuru, Karnataka.

Pointing out that there was nothing on record to show that illegal mining activities were taking place, Court held that such frivolous PILs must be dismissed with the strongest words and warned the petitioner of costs if he files such a PIL in the future.

The plea was moved by a lawyer called Ramesh Naik who is known for filing many PILs. Naik told the court that there are many instances of illegal soil mining in the forest near Tumkuru and the authorities have failed to take notice of the same. He told the court that he had made a representation regarding this to the local authorities however no action was taken.

Naik, appearing party in person, argued that after he made the representation, he was beaten up by some men. It was informed to the court that he had also filed an FIR in this regard.

CJ Rituraj Awasthi asked Naik as to whether there is anything on record to show that illegal mining activities were taking place. Naik could not answer the same and informed the court that it is reflected in the FIR.

A visibly miffed CJ then told Naik that an FIR cannot be shown to establish tall allegations like illegal mining. Naik told the court that there are designated spots for mining in the area, however it is being conducted deep into the jungle.

The CJ, at that point, asked Naik to show the court any document to establish his allegation and asked Naik if he has impleaded the persons involved in illegal mining. Naik answered in the negative.

Upon Naik not being able to furnish the proof to substantiate his allegations, the court dismissed the PIL.  Court noted that upon considering the PIL, it came to light that, there is no material placed on record to show that there is illegal extraction of soil or unauthorized mining. 

Court held that petitions filed in this manner in the garb of PIL are highly deprecated and deserve to be dismissed in the strongest words. Court also issued a  warning to Naik and asked him to be careful.

Further noting that the bench was aware of the fact that Naik is very active on social media and has filed many PILs, Court said that it was desisting from imposing any cost. Court said that it will impose costs on Naik if he files such a PIL in the future.

It is to be noted that in September 2021 the Karnataka High Court imposed a cost of Rs 50,000 on Naik. Court had noted that Naik challenged the bench in connection with the quashing of public interest litigation (PIL) on street lights. Court had observed that the petition had been filed with an intention of enmity.

Case title: Ramesh Naik Vs State of Karnataka