The lease granted in 1999 was a renewal and not a fresh lease. The automatic extension provision in the amended rules did not apply to cases where the lease had been renewed prior to the amendment.

ORDER :

1. This writ petition is filed seeking for the following prayers:

“(1) Issue a writ of mandamus directing the respondent Authorities to extend the quarrying lease of the petitioner bearing Q.L. No. 288 over an extent of 34 guntas in Sy. No. 184 of Jothigondanapura, Chamarajanagar Taluk, Chamarajanagar up to 2029 as per Rule 8A(2) of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, in the interest of justice and equity.

(2) Issue a writ in the nature of mandamus directing the respondent Authorities to renew the quarrying lease of the petitioner bearing Q.L. No. 288 over an extent of 34 guntas in Sy. No. 184 of Jothigondanapura, Chamarajanagar Taluk, Chamarajanagar up to 2039 as per Rule 6 of the Granite Conservation and Development Rules, 1999, in the interest of justice and equity.”

2. The petitioner-Company has been operating the quarry from 1978 under three different quarrying lease to an extent of 34 guntas in Sy. No. 184 of Jothigondanapura, Chamarajanagar Taluk, Mysuru District with a long term vision and strategy as well as with the objective of conservation of minerals. The petitioner was granted a fresh lease deed on 16.10.1999, for a period of ten years in respect of the abovementioned lease area. Subsequently, the Granite Conservation and Development Rules, 1999 (for short ‘the GCD Rules 1999’) came into force and owing to the provisions there under, the said quarrying lease came to be extended for a period of twenty years vide lease deed bearing No. 288 dated 05.05.2008 w.e.f. 16.10.1999 for a further period of twenty years. It is contended that the petitioner is eligible for a deemed extension under Rule 8A(2) of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 (for short ‘the KMMC Amended Rules’) and subsequently, renewal under Rule 6 of the GCD Rules, 1999. It is contended that the petitioner has a statutory right for a deemed extension of their lease for a period of thirty years which is up to 2029 and subsequently under the GCD Rules, 1999 the petitioner is eligible for renewal of their lease deed for a further period of twenty years after the lapse of the original grant. The petitioner made several representations, the latest one being on 09.12.2021, to the respondent-Authorities requesting for renewal/extension of their quarrying lease and the quarrying lease was not automatically renewed/extended by the Government. The petitioner aggrieved by the inaction on the part of the respondent- Authorities have not considered the several requests of the petitioner and being denied his lawful right to deemed renewal/extension, has filed this writ petition.

3. The State filed statement of objections contending that the writ petition filed by the petitioner is not maintainable either in law or on facts and the writ petition is liable to be dismissed in limine and denied the averments made in the writ petition. It is contended that the petitioner has suppressed all the material facts and filed a writ petition. The petitioner- Company has not come to the Court with clean hands and the writ petition deserves to be dismissed on the ground of suppression of material facts. It is contended that the petitioner- Company was granted with quarrying lease bearing Q.L. No. 2096 dated 24.08.1978 for extraction of black granite, over an extent of 34 guntas in Sy. No. 184 of Jothigondanapura Village, Chamarajanagar Taluk, Mysuru District for a period of five years. Subsequent thereto, the petitioner-Company has been conducting quarrying activities. On 19.01.1991, the petitioner submitted an application for grant of quarry lease for a period of 10 years. Upon considering the application of the petitioner, the quarry lease was executed in Q.L. No. 6284 on 26.06.1991 for a period of 10 years. The petitioner-Company on 24.06.1994, submitted a letter to respondent No. 2 requesting for renewal of quarry lease bearing No. 2096 dated 24.08.1978. The petitioner-Company also filed an application in Form-R for ren