IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 37250 OF 2025 (GM-MM-S)

BETWEEN:

1. SRI K RAJU S/O LATE KEMPEGOWDA AGED ABOUT 58 YEARS NO.125, G KEBBAHALLI - 571 446 KERAGODU HOBLI MANDYA TALUKA MANDYA DISTRICT Digitally signed by …PETITIONER SRIDEVI S Location:

High Court (BY SRI RAVEENDRA GAJANAN KOLLE, ADVOCATE A/W of Karnataka SRI RAJESH BHAT, ADVOCATE)

AND:

1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY R.NO. 320, 3^RD FLOOR VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 EMAIL: cs@karnataka.gov.in

2. THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 EMAIL: dir-mines@karnataka.gov.in 3. THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN SPOORTHI LAYOUT BADDIHALLI RING ROAD TUMKURU TUMKURU DISTRICT - 572 104 EMAIL: dmgtumkur@gmail.com

4. THE DEPUTY COMMISSIONER O/O THE DEPUTY COMMISSIONER MINI VIDHANA SOUDHA TUMKUR DISTRICT EMAIL: dctumkur-ka@nic.in …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 CERTIORARI OR ANY OTHER ORDER OR DIRECTION DIRECTING TO QUASH OR SET ASIDE THE IMPUGNED COMMUNICATION DATED 05/12/2025 AT NO.GaBhuE/UNiTu/KaGaGu-920/2024-25/5780 ISSUED BY THE 3^RD RESPONDENT DEPUTY DIRECTOR AND COMPETENT AUTHORITY, PRODUCED AT ANNEXURE-A, WHEREBY, THE PETITIONER'S REQUEST DATED 02/12/2025 PRODUCED AT ANNEXURE-C FOR MODIFICATION OF THE ORDER OF SUSPENSION DATED 13/11/2025 PRODUCED AT ANNEXURE-

D IS REJECTED 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 the communication dated 05.12.2025, issued by respondent No.3 (Deputy Director), whereby the petitioner's request for modification of the order of suspension dated

13.11.2025 was rejected.

2. The petitioner states that he entered into an agreement dated 06.01.2019 with the owners of land falling in Survey No.49/1 and 49/2 of Kolaghatta village, Kasaba Hobli, Turuvekere Taluk for quarrying operations, to the extent of two (02) acres. He had also entered into a separate agreement dated 13.01.2019 with the owner of the land, to the extent of two (02) acres falling in Survey No. 55, for carrying on quarrying operations. The petitioner claims that the legal representatives of the land owner (Sri Shivanjapa who was a party to the said agreement dated 13.01.2019) have also filed an impleading application in the present petition.

The said Sri. Shivananjapa had executed a general power of attorney dated 27.02.2019 in favour of the petitioner, conferring upon the petitioner the authority to carry on quarrying activities.

3. On the basis of the aforesaid interest, the petitioner submitted an application dated 28.02.2019 under the Karnataka Minor Mineral Concession Rules, 1994 [the Rules] for carrying on mining activities to the extent of 4 acres falling in Survey Nos.49/1, 49/2 and 55 of Kolaghatta Village, Turuvekere Taluk.

4. Respondent No.4 (Deputy Commissioner) passed a conversion order dated 26.08.2021 for the conversion of land falling in Survey Nos. 49/1 and 49/2 for quarrying purposes. Thereafter, on 19.01.2022, quarry lease (QL No.920) was executed and registered in favour of the petitioner in respect to the subject land, i.e., land to the extent of 4 acres. The term of lease was 20 years.

5. Certain disputes have arisen in respect of the legality of the lease to the extent of 2 acres falling in Survey No.55. On 16.09.2022, the Deputy Director issued an order confining the quarrying operations to Survey No. 49/1 and 49/2. We consider it a