IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^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. 13750 OF 2022 (GM-MM-S)

BETWEEN:

1. SRI D. SHAM S/O DEVAPPA AGED ABOUT 49 YEARS RESIDING AT NO.32

5^TH STAGE, 3^RD MAIN, 3^RD CROSS BEML LAYOUT, R.R. NAGAR BENGALURU - 560 098 …PETITIONER (BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE A/W SRI RAJESH G. BHAT, ADVOCATE)

Digitally signed by AND:

NIRMALA DEVI 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES Location:

High Court REPRESENTED BY ITS SECRETARY of Karnataka VIKASA SOUDHA BENGALURU - 560 001

2. THE DIRECTOR OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001

3. THE JOINT DIRECTOR OF MINES & GEOLOGY SOUTH DIVISION MYSORE - 570 008

4. THE DEPUTY DIRECTOR MINES & GEOLOGY TUMKUR - 572 104

5. THE SENIOR GEOLOGIST BENGALURU URBAN DISTRICT

13^TH FLOOR VISWESWARAIAH TOWER DR. AMBEDKAR ROAD BENGALURU - 560 001

6. SRI M.R. LAKSHMANAPPA AGED ABOUT 72 YEARS S/O LATE RAMAIAH SINCE DECEASED REPRESENTED BY HIS LR

6(a) LAKSHMI NARAYANA SWAMY M.L.

S/O. LATE LAKSHMANAPPA AGED ABOUT 37 YEARS R/AT No.138, SRINIKETHAN

7^TH MAIN ROAD RAILWAY LAYOUT ULLAL, BENGALURU - 560 056 (IMPLEADED AS PER COURT ORDER DATED

17.03.2025)

…RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1 TO 5 &

SRI N.K. RAMESH, ADVOCATE FOR R-6(a))

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 WRIT OR ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 19/11/2021 IN R.P.NO.47/2017 BEARING NO.DMG/JDM/REVISION:2021-22 ORDER/1136 PASSED BY THE RESPONDENT NO.3 AS FOUND AT ANNEXURE-AC & 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, praying as under:

"To issue a writ of certiorari or any other writ or order or direction to quash the impugned order dated 19.11.2021 in R.P No.47 of 2017 bearing No.DMG/JDM/Revision:2021-22 order/1136 passed by the respondent No.3 as found at Annexure-AC"

2. The facts in a nutshell leading to the present petition are that pursuant to the notification dated 09.01.2012 calling for applications for grant of quarry lease in respect of 2 acres (previous quarry lease No.422) and 6 acres 20 guntas (previous quarry lease No.25), both situated in Sy.No.29 of Huluvenahalli village, Bengaluru South Taluk, Bengaluru Urban District. The petitioner made an application dated 08.02.2012 for mining building stones – a non specified minor mineral – over the area measuring 6 acres 20 guntas of Sy. No 29. It is pertinent to state that the said area applied for by the petitioner was previously leased to respondent No.6 and since the lease had expired, the said area was made available for grant. The present dispute pertains to the extent of said 6 acres 20 guntas situated at Sy. No.29 Huluvenahalli village [subject property].

3. Respondent No.5 (Senior Geologist) had demanded a sum of Rs.53,26,180/- from respondent No.6 towards arrears due and also held that respondent No.6 held an excess of 25 acres contrary to Rule 25 of the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as KMMC Rules, 1994). Being aggrieved by the said demand, respondent No.6 preferred Writ Petition No.44397/2011 [GM-MM-S]. The said writ petition was disposed of by a coordinate bench of this court vide its order dated 25.7.2012. In the course of the said proceedings, respondent No.6 renounced his interest in all other leases held by him and pursued the leases in respect of quarry lease Nos.25 and 422. Accordingly, this Court directed that the application of respondent No.6 for grant of quarry leases in respect of the said areas be considered on its merits.

4. Subsequently, respondent No