IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^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. 10723 OF 2024 (GM-MM-S)

BETWEEN:

1. SRI R CHANDREGOWDA S/O RAJANNA AGED ABOUT 73 YEARS RESIDENT OF DODDA AYYUR VILLAGE THYANAHALLI POST VAKKALARI HOBLI KOLAR TALUK AND DISTRICT - 563 130 …PETITIONER (BY SRI VIKRAM HULGOL, SENIOR ADVOCATE A/W SRI AVINASH GOWDA G S, ADVOCATE)

Digitally AND:

signed by AMBIKA H B 1. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY Location:

High Court NO.49, KANIJA BHAVANA of Karnataka RACE COURSE ROAD BENGALURU - 560 001

2. DEPUTY COMMISSIONER ZILLA ADALITA BHAVANA KUMBARAHALLI KOLAR - 563 103

3. CHIEF DIRECTOR DEPARTMENT OF MINES AND GEOLOGY SOUTH ZONE, MYSURU - 570 023

4. THE SENIOR GEOLOGIST ROOM NO.S-3A

2^ND FLOOR, ZILLA ADALITA BHAVANA KUMBARAHALLI KOLAR - 563 103 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 21.02.2024 PASSED BY THE THIRD RESPONDENT PRODUCED HERETO AS ANNEXURE-A 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 impugning an order dated 21.02.2024 passed by the Joint Director of Department of Mines and Geology, South Zone, Mysuru whereby the order dated 12.12.2023 passed by respondent No.4 [Senior Geologist, Kolar District] was upheld and the Revision Application bearing No.77/2023-24 was rejected.

2. The petitioner essentially seeks deemed extension of the quarry lease [lease deed bearing No.649 dated 06.12.2005] which the petitioner claims as deemed to be extended by virtue of Rule 8-A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], as amended.

3. The petitioner had made an application seeking grant of quarry lease for extraction of ordinary building stone over an area measuring 3 acres falling in Survey No.30 of Gudnapura Village, Kolar Taluk, Kolar District [subject land]. The said application was accepted and a notification granting the lease was issued. Thereafter, a lease in respect of the subject land for extraction of ordinary building stone for a period of five years was executed.

The term of the said lease expired on 05.12.2010.

4. Admittedly, the petitioner did not make any application seeking renewal of the said lease deed. The petitioner states that "he was not in a position to file a renewal application as he was not aware of law and had some personal problems". On 21.11.2023, the petitioner filed an application before respondent No.4 seeking renewal of the term of the quarry lease, which had expired on 05.12.2010. The said application was rejected in terms of an endorsement dated 12.12.2023 on the ground that the lease was not in force and the renewal application was not pending at the material time. Thus, the provision for deemed extension of the lease for a period of thirty years in terms of Rule 8-A of the KMMC Rules as amended was not applicable.

5. The petitioner assailed the endorsement by filing a revision application before the Joint Director of Department of Mines and Geology. However, the same was dismissed by the impugned order.

6. The provision of deemed extension of quarry lease under Rule 8-A of the KMMC Rules as amended in the year 2016 is not applicable to the leases that had expired prior to the date of the amended Rule 8A of the KMMC Rules came into force and in respect of which renewal applications were not pending.

7. In terms of Rule 21 (2) of the KMMC Rules, an application for renewal was required to be made on or before ninety days before the expiry of the lease. Admittedly, the petitioner had not filed any such application at the material time.

8. The imp