Exemptions from public auction for minor minerals under the KMMC Rules apply only to self-consumption or non-specified minerals for domestic use; they do not extend to the removal of specified minerals like black granite for agricultural land preparation.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING CONDITION No.2 IN THE ORDER DATED 26.08.2025 MADE IN No. Ga Boo E/Ee Boo(Kolar) Ka Ga Gu/2025-26/3374 PASSED BY THE RESPONDENT No.3 VIDE ANNEXURE-E & 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 26.08.2025, issued by respondent No.3 to the extent that it has imposes a condition requiring the petitioner to dispose of the minor mineral by way of public auction.

2. The petitioner states that he had purchased a land measuring 1-00 acre falling in Sy.No.158/p30 of Balla Village, Avani Hobli, Mulabagilu Taluk, Kolar District, in the year 2004. Subsequently, in the year 2024, he purchased additional land measuring 1 acre 5 guntas falling in Sy.No.158 of Balla village, Avani Hobli, Mulabagilu Taluk, Kolar District.

3. On 04.07.2025, the petitioner filed an application with the Deputy Director of Mines and Geology seeking permission to extract minor minerals from his patta land. He stated that he had found mounds of black granite, which were required to be removed before the land could be used for agricultural purposes. The respondents acceded to the petitioner's request and issued an endorsement dated 26.08.2025.

4. A plain reading of the said endorsement indicates that a site inspection was conducted, and the same revealed that there were stone spheres covering an area of approximately 950 square meters. The said stone spheres are less than 01 cu. mtrs. in size, and the estimated weight of the stones is approximately 1400 metric tons.

5. Although the permission to extract the said stone was granted to the petitioner, it was subject to certain conditions. One of the conditions requires the petitioner to prepare an inventory of the minor mineral and dispose of the same through public auction. The petitioner is essentially aggrieved by the said condition.

6. The learned senior counsel for the petitioner assailed the said condition on two grounds. First, he submits that the said condition falls foul of Rule 3-A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules]. And Second, that the impugned condition was contrary to Rule 35 of the KMMC Rules.

7. The learned counsel referred to the second proviso of Rule 3A(c) of the KMMC Rules and submitted that the petitioner was only required to pay a royalty for the minor mineral, and he is not required to dispose of the minor mineral in public auction.

8. Rule 3-A (c) of the KMMC Rules is set out below.

3-A. Exemption of certain rules in certain cases

The following activities are exempted from obtaining Quarrying lease or license and from provisions of sub-rule (1-A) of Rule 8 and Chapter II-A, (except sand, specified minor mineral and 31 transfer minerals as specified vide Notification No. S.O. 423(E), dated 10-2-2015] namely.-

(a) ** ** ** **

(b) ** ** ** **

(c) removal or collection of lime shells (dead shells) available in coastal regulation zone by the traditional community through manual method for poultry feed and animal feed supplements:

Provided that, except sub-clauses (ii) and (iii) of clause (a) above, prior working permission shall be obtained from the jurisdictional Deputy Director or Senior Geologist before commencement of extraction of minor mineral and that remo