IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 27734 OF 2025 (GM-MM_S)

BETWEEN:

SRI. K. RAJENDRA S/O. LATE KRISHNAPPA, AGED ABOUT 72 YEARS, R/AT. NO.42-A, 31ST 'A' CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU - 560070 …PETITIONER (BY SRI. BHAT GANAPATHI NARAYANA, ADVOCATE)

AND:

Digitally signed by 1. THE STATE OF KARNATAKA NIRMALA DEPARTMENT OF MINES AND DEVI GEOLOGY, VIDHANA SOUDHA, Location:

HIGH DR. B.R. AMBEDKAR VEEDHI, COURT OF BENGALURU - 560 001 KARNATAKA REPRESENTED BY ITS PRINCIPLE SECRETARY

2. THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, SOUTH DIVISION, MYSURU 570 005

3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, RAMANAGARA TALUK, RAMANAGARA, RAMANAGARA DISTRICT - 562 159 …RESPONDENTS (BY SRI. K.S. HARISH, GA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE ORDER OR DIRECTION BY QUASHING THE IMPUGNED ENDORSEMENT DATED 19.01.2021 BEARING No. GA.BHU.EI/U.NI.RA/KA.GA.GHU - 988/2020-21/3207 PASSED BY THE RESPONDENT No-3 AS PER ANNEXURE-G AND CONSEQUENTLY QUASH THE IMPUGNED ORDER DATED 25.10.2024 BEARING SL No.GA.BHU.E/ O.NI/DA.VA.MY/REVISION/ 18/2022-23/2024-25/2542 IN REVISION PETITION No-18/2022 PASSED BY THE RESPONDENT No-2 AS PER ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The petitioner has filed the present petition inter alia impugning an endorsement dated 19.01.2021 passed by the respondent No.3 [Deputy Director], Department of Mines and Geology, Ramanagara Taluk and District declining the petitioner's request for accepting the extension of the quarry lease [Lease No.988] in question under Rule 8-A(4) of the Karnataka Minor Mineral Concession Rules, 1994 [hereafter 'KMMC Rules]. Additionally, the petitioner also impugned an order dated 25.10.2024 passed by the respondent No.2 [Joint Director] rejecting the petitioner's revision against the order dated 19.01.2021.

2. The petitioner further prays that directions be issued to the respondents to consider his application dated 13.06.2013 for renewal of the quarry lease in question.

3. The petitioner was granted a quarry lease [QL No.988] for a period of five years in respect of land measuring 7 acres and 20 guntas falling in Survey No.66 and Survey No.91 of Gabbadi Village, Kanakapura Taluk, Ramanagara District on 24.06.2002. Prior to the expiry of the said lease, the petitioner made an application dated 17.03.2007 for renewal of the lease. The same was accepted and the term of the quarry lease was renewed upto 23.06.2012. Admittedly, petitioner did not make any further application for renewal of the quarry lease prior to its expiry. However, after the lease expired, the petitioner made an application dated 13.06.2013 which was rejected by respondent No.3 on 26.09.2013. The petitioner assailed the said rejection in a Writ Petition being W.P. No. 30453/2015, which came to be rejected by an order dated 17.02.2016.

4. After a lapse of about 5 years, petitioner made a fresh application to consider the extension of the lease period under Rule 8A of the KMMC Rules as amended w.e.f. 12.08.2016, whereby it is stipulated that a grant of lease unless otherwise mentioned in the Rules for minor mineral would be for a period of 30 years. The said application was rejected by the impugned order dated 19.01.2021 in terms of Sub-rule 4 of Rule 8-A of KMMC Rules. The said Sub-rule 4 is set out below:

(4) The period of all the lease or license of the non- specified minor minerals except the mining leases of the minerals now classified as minor minerals granted before the date of commencement of the Karnataka