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

CAV ORDER

(PER: HON'BLE MR. JUSTICE C.M. POONACHA)

1. Writ Petition No.10370/2022 [subject 'A' writ petition] is filed calling in question the endorsement dated 10.12.2020 issued by the Director, Department of Mines and Geology, whereunder the application for grant of quarry lease [Quarry Lease Application No.58/2008-2009 dated 13.08.2008] filed by the writ petitioner - M/s KUM Internationals [KUM] was rejected. In the said writ petition a direction was also sought for execution of the Quarry Lease Deed in respect of the area applied for by KUM.

2. Writ Petition No.2922/2023 [subject 'B' writ petition] is filed calling in question the endorsement dated 22.01.2016 issued by the Director of Department of Mines and Geology, whereunder the revision petition filed by the writ petitioner - M/s Vivek Exports [Vivek Exports] has been rejected. The said writ petitioner has also sought for consideration of the representation made by it seeking to grant extension of Quarry Lease No.439 for a period of 50 years from the date of original grant.

3. Since the land which is the subject matter of leases/applications in both writ petitions overlap, they are taken up together for consideration.

Background facts

4. Vide Quarry Lease No.1915, one Mr.Zia-Ul-Haq was granted permission for quarrying ornamental stone and black granite over an area of 50 acres in Survey No.184 of Jyothigondanapura Village, Chamarajanagar Taluk, Mysore District [subject property] for a period of 5 years from 27.02.1978, which expired on 27.02.1983. The renewal was granted on 18.01.1983 for a period of 5 years w.e.f., 27.02.1983 (Quarry Lease No.3765). It is contented that a second renewal was applied for on 24.11.1987. Writ Petition No.4717/1987 was filed by the said Mr.Zia-Ul-Haq to consider his renewal application.

5. The Karnataka Minor Mineral Concession Rules, 1969 [KMMC Rules 1969] was amended vide KMMC (Amendment) Rules, 1979 and Rule 3A was introduced to prevent quarry lease to be granted to private persons. The said Mr.Zia-Ul-Haq filed Writ Petition No.20544/1990 challenging the validity of Rule 3A of the KMMC 1969 Rules (Amended in 1990). A learned Single Judge of this Court vide interim order dated 16.10.1990 granted stay of Rule 3A and permitted the writ petitioner to carryon quarrying operations subject to payment of royalty. Vide order dated 18.04.1991, the said writ petition [WP No.20544/1990] was disposed of permitting the writ petitioner to file a fresh application on or before 30.04.1991 and directed the State Government to consider the same within 3 months. Till then, it was ordered that status quo as on the said date should continue. It is contented that the writ petitioner had filed an application for renewal on 30.04.1991.

6. On 18.06.1991, a Government Order [GO] was issued relaxing Rule 3A of the KMMC Rules. Based on the said GO, leases were granted including Quarry Lease Nos.6270 and 6271 in favour of Mr.Zia-Ul-Haq. A public interest litigation in Writ Petition No.14783-14241/1991 was filed challenging the said GO dated 18.06.1991, which relaxed Rule 3A of the KMMC Rules. The said writ petition [WP No.14783-14241/1991] was allowed by a learned Single Judge on 13.03.1992 and the said GO dated 18.06.1991 was quashed. Mr.Zia-Ul-Haq and some other lease holders from amongst the 203 persons, who were granted leases, filed Writ Appeal No.1464-65/1993 challenging the order of the learned Single Judge. The said appeal [WA No.1464-65/1993] was dismissed by a Co-ordinate Bench on 25.06.1993. The challenge made before the Supreme Court by some of the lease holders [Civil Appeal Nos.1683-1716/1996 with Nos.1717 to 1789/1996 was rejected by the Supreme Court on 18.01.1996 [Alankar Granites Industries and others vs. P.G.R.Scindia, MLA and others: (1996) 7 SCC 416]

7. In the meanwhile, the KMMC Rules, 1994 came into force and 1969 Rules were repealed. Writ Petition