IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT PETITION NO. 37096 OF 2025 (GM-MM-S)

BETWEEN:

1. M.M. VINAY

S/O MARIGOWDA

AGED ABOUT 39 YEARS

R/AT NO.30, 1^ST MAIN ROAD

2^ND CROSS ROAD

MANASA NAGAR, NAGARBHAVI

BENGALURU - 560 072

…PETITIONER

(BY SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)

AND:

Digitally

signed by 1. THE STATE OF KARNATAKA

SUMATHY

REP. BY ITS CHIEF SECRETARY

KANNAN

ROOM NO.30, 3^RD FLOOR

Location:

High Court of VIDHANA SOUDHA

Karnataka BENGALURU - 560 001

2. THE SECRETARY TO GOVT.,

DEPARTMENT OF COMMERCE

AND INDUSTRIES

ROOM NO.135, FIRST FLOOR

VIKASA SOUDHA

BENGALURU - 560 001

3. THE DIRECTOR AND COMPETENT AUTHORTY DEPT. OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001

4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY CHIKKABALLAPURA - 562 101 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING THE 2^ND RESPONDENT SECRETARY AND 3^RD RESPONDENT DIRECTOR AND COMPETENT AUTHORITY TO PASS APPROPRIATE ORDERS OF DEEMED EXTENSION IN RESPECT OF QUARRY LEASE AT QL. NO.880 OVER AN AREA OF 03.00 ACRES IN SY.NO.64 OF DEVIKUNTE VILLAGE, BAGEPALLI TALUKA, CHIKKABALLAPURA DISTRICT, FOR A PERIOD OF 50 YEARS FROM THE DATE OF ORIGINAL GRANT, AS CONTEMPLATED UNDER RULE 8-A (2) OF KMMC AMENDMENT RULES CONSIDERING THE REQUEST DATED 14/05/2024 SUBMITTED BY PETITIONER AND REPORT DATED 03/06/2024 SUBMITTED BY 4^TH RESPONDENT SENIOR GEOLOGIST AN THE PROPOSAL DATED 17/04/2025 FORWARDED BY THE 3^RD RESPONDENT DIRECTOR PRODUCED AT ANENXURES-B, H AND J RESPECTIVELY 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. Issue notice.

2. The learned Additional Government Advocate accepts notice.

3. The petitioner has filed the present petition inter alia praying as under:

"A. Issue a Writ of Mandamus or any other order or direction directing the 2^nd respondent Secretary and 3^rd respondent Director & Competent Authority to pass appropriate orders of deemed extension in respect of quarry lease at QL No.880 over an area of 03.00 acres in Sy.No.64 of Devikunte village, Bagepalli Taluka, Chikkaballapura District, for a period of 50 years from the date of original grant, as contemplated under Rule 8-A(2) of KMMC Amendment Rules considering the request dated 14.05.2024 submitted by petitioner and report dated 03.06.2024 submitted by 4^th respondent Senior Geologist and the proposal dated 17.04.2025 forwarded by the 3^rd respondent Director produced at Annexure-B, H and J respectively."

4. The petitioner was granted the quarry lease in question (Q.L.No.880) for a term of ten years, on 05.01.2013, in respect of the subject land (3 acres falling in Survey No. 64 of Devikunte Village, Bagepalli Taluk) for extraction of Grey Granite.

5. During the term of the lease, the Karnataka Minor Mineral Concession Rules, 1994 were amended in terms of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016. The amendment included introduction of Rule 8-A(2), which provided for 'deemed extension' in respect of leases for a period of 30 (thirty)

years.

6. On 29.05.2020, the petitioner executed a transfer deed, transferring its quarry lease rights to M/s. Annapurneshwari Granites, a partnership firm. The said firm is hereafter referred to as the Transferee. Apparently, the said transfer deed was accepted and respondent No.3 also passed an order for transfer of the quarry lease. Thereafter, the Transferee carried on the mining activities and also furnished the requisite returns and made payments, that were accepted.

7. The term of the initial lease expired on 04.01.2023 and the Transferee (Annapurneshw