IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 9092 OF 2026 (GM-MM_S)

BETWEEN:

SRI VISHNUVARDHAN S/O GOVARDHAN, AGED ABOUT 54 YEARS, OCC BUSINESS, R/O B22C43, NEAR KALIKADEVI TEMPLE, MOZAMPUR, MOHALLA, VTC SHORAPUR, YADAGIRI DISTRICT 585224.

Digitally signed …PETITIONER by VEERENDRA (BY MR. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE)

KUMAR K M Location: High Court of AND:

Karnataka

1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, M S BUILDING, BENGALURU 560001.

2. THE DIRECTOR MINES AND GEOLOGY DEPT.

KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU 560 001.

3. THE SENIOR GEOLOGIST DEPT OF MINES AND GEOLOGY, JILLA ADALIT BHAVAN, 2ND FLOOR A-15, CHITTAPUR ROAD, YADGIR 585201

4. THE ADDL. DIRECTOR MINES AND GEOLOGY DEPT, NORTH ZONE, BELLARY 583101 …RESPONDENTS (BY SRI. K.S. HARISH, GOVERNMENT ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, QUASHING THE ORDER PASSED BY RESPONDENT NO.3 MADE IN NO.HIBHUVI/GABHUEE/YAA/KAGAGU/AA/HI/2025- 26/260 DATED 28/05/2025 AS BEING MOST ARBITRARY AND ERRONEOUS TO EQUITY, LAW AND JUSTICE (ANNEXURE-L).

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 order dated 12.12.2025 passed by respondent No. 4 [the revisional authority] rejecting the petitioner's petition on the ground that it was filed belatedly. The Revisional Authority has held that the petition was filed 74 (seventy-four) days after the expiry of the 90 (ninety) days from the date on which the Karnataka Minor Mineral Concession (Amendment) Rules, 2024 [KMMC Rules, 2024], came into force.

2. The petitioner had filed an application dated 23.09.2014 seeking a quarry lease over a land to the extent of 5 acres, falling in Survey No.131, in Waganagere Village, Surapura Taluk, Yadagiri District, for the extraction of building stone. Pursuant to the said application, respondent No.3 - Senior Geologist, sent a letter for seeking opinion and NOC from the revenue and the forest authorities. The NOCs were received, and the joint inspection was conducted on 29.09.2015. The petitioner states that thereafter, on 21.01.2016, respondent No.3 issued a notification under Rule No.27 of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], as in force at the relevant time.

3. After the notification, the petitioner furnished the quarry plans on 04.02.2016, which came to be approved by respondent No.3 on 12.02.2016. However, the quarry lease was not executed in accordance with Rule 30 of the KMMC Rules, as applicable at the particular time.

4. Rule 30 of the KMMC Rules, as applicable at the particular time – that is, prior to 12.08.2016 – provided that the lease be executed by the grantee within a period of six months of the grant notification. In terms of Rule 30(2) of the KMMC Rules, the grantee was also required to pay an advance of fifty per cent of the dead rent before the execution of the said lease. Admittedly, the said condition was not complied with at the material time. The six-month period within which the lease was to be executed expired on 20.07.2016. Notwithstanding the same, the petitioner obtained an environmental clearance certificate on 25.09.2018. The petitioner states that thereafter, on 02.11.2018, the petitioner also obtained a demand draft for payment of the necessary fees.

5. Notwithstanding that the time period of execution of the lease had expired, the petitioner's application for quarry lease was forwarded to respondent No.2 on 14.09.2020. But no further steps were taken immediately thereafter. On 1