SRI G ASHOK KUMAR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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WP No. 4956 of 2026
TH
RESERVED ON 24 SEPTEMBER 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 4956 OF 2026 (GM-MM-S)
BETWEEN:
1. SRI G. ASHOK KUMAR
S/O B. GOVINDARAJU
AGED ABOUT 57 YEARS
N.M.C. MAIN ROAD
BHADRAVATI TOWN
SHIVAMOGGA DISTRICT - 577 301
…PETITIONER
(BY SRI S.S. MAHENDRA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY (MINES)
DEPARTMENT OF COMMERCE AND INDUSTRIES
ST
VIKAS SOUDHA, 1 FLOOR
BENGALURU - 560 001
2. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560 001
Digitally
signed by
VEERENDRA
KUMAR K M
Location:
High Court of
Karnataka
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WP No. 4956 of 2026
3. THE JOINT DIRCTOR (SOUTH ZONE)
DEPARTMENT OF MINES AND GEOLOGY
SOUTH ZONE OFFICE, I-BLOCK
RAMAKRISHNANAGAR
MYSURU - 570 022
4.
SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
OFFICE OF SENIOR GEOLOGIST
KHANIJA SECTION
CHIKKAMAGALURU - 577 101
…RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION DIRECTING RESPONDENT NO.4 - SENIOR
GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY,
CHIKKAMAGALURU, TO CONSIDER AND PASS APPROPRAITE
ORDERS ON THE PETITIONER'S REPRESENTATIONS DATED
18.09.2025 (ANNEXURE-A), 01.06.2023 (ANNEXURE-B) AND
19.07.2023 (ANNEXURE-C), AND TO CONSIDER QUARRY
LEASE APPLICATION NO.19/2014-15 SEEKING GRANT OF
QUARRY LEASE FOR EXTRACTION OF BUILDING STONE
OVER AN EXTENT OF 5.00 ACRES IN SY.NO.185 OF MARLE
VILLAGE, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU
DISTRICT, IN ACCORDANCE WITH RULE 8-B OF THE
KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT)
RULES, 2023 AND ETC.
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WP No. 4956 of 2026
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS, COMING ON FOR
PRONOUNCEMENT THIS DAY, ORDER WAS PRONOUNCED
AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
C.A.V. JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition, inter alia , praying
as under:
“a) Issue a writ of mandamus or any other
appropriate writ, order or direction directing
respondent No.4 - Senior Geologist, Department of
Mines and Geology, Chikkamagaluru, to consider
and pass appropriate orders on the petitioner's
representations dated 18.09.2025 (annexure-A),
01.06.2023 (annexure-B) and 19.07.2023
(annexure-C), and to consider quarry lease
application No.19/2014-15 seeking grant of quarry
lease for extraction of building stone over an extent
of 5.00 acres in Sy.No.185 of Marle village,
Chikkamagaluru Taluk, Chikkamagaluru District, in
accordance with rule 8-B of the Karnataka Minor
Mineral Concession (amendment) Rules, 2023 and
in accordance with law.
b) Pass such other orders or Directions as this
Hon’ble Court deems fit in the interest of justice and
equity.”
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WP No. 4956 of 2026
2. The petitioner had submitted an application dated 10.06.2014,
seeking the grant of a quarry lease for the extraction of building
stone (a minor mineral) over an area of 5.00 acres in Sy.No.185 of
Marle village, Chikkamagaluru Taluk, Chikkamagaluru District, along
with the prescribed fee.
3. Respondent No.4 (Senior Geologist, Department of Mines
and Geology) rejected the application by an order dated 21.04.2016.
The order states that the sketch submitted by the petitioner with the
application was examined, and it was found that the area for which
the quarry lease was sought overlapped with stone quarry lease
No.446 and with an area applied for by another entity (Quarry Lease
Application No.28/2014-15).
4. The petitioner took no steps to challenge the rejection of his
application at that stage. However, about three years later, that is
on 11.01.2019, the petitioner filed a revision petition under Rule
53(1) of the Karnataka Minor Mineral Concession Rules, 1994
[ KMMC Rules ] before the Joint Director, Department of Mines and
Geology [ Revisional Authority ].
5. The Revisional Authority rejected the petitioner’s revision
petition by an order dated 04.01.2021. At the outset, the Revisional
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WP No. 4956 of 2026
Authority noted that the revision petition was filed after a delay of
more than two years and eight months and therefore it could not be
entertained. Additionally, the Revisional Authority found that the
rejection order was in accordance with the principles of natural
justice and with Rule 23 of the KMMC Rules. The Revisional
Authority also observed that, by virtue of Rule 8B as substituted by
the Karnataka Minor Mineral Concession (Amendment) Rules,
2016, all applications received and pending for the grant of a lease
or quarry licence became ineligible unless they were covered under
Clauses (a) to (d) and d(1) of sub-rule (2) of Rule 8B of the KMMC
Rules as then in force, and that the petitioner’s application was not
covered under any of the said clauses. The petitioner did not
challenge the order dated 04.01.2021 at the material time.
6. The KMMC Rules were amended by the Karnataka Minor
Mineral Concession (Amendment) Rules, 2023, and Rule 8B was
substituted with effect from 17.03.2023. Rule 8B(1) of the KMMC
Rules expressly provides that all applications received for grant of
lease prior to the date of commencement of Karnataka Minor
Mineral Concession (Amendment) Rules, 2016, shall become
eligible.
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WP No. 4956 of 2026
7. Following the said amendment, the petitioner filed a
representation dated 01.06.2023, requesting consideration of his
application. This was followed by representations dated 19.07.2023
and 18.09.2025.
8. According to the petitioner, the substitution of Rule 8B by the
Karnataka Minor Mineral Concession (Amendment) Rules, 2023 has
the effect of reviving all the applications that were filed prior to
12.08.2016. The petitioner argues that since his application was
filed prior to the said date, it was required to be considered
notwithstanding that it was rejected on 21.04.2016.
9. Rule 3 of the KMMC Rules, inter alia, provides that no person
shall undertake quarrying operations in respect of the minor
minerals except in accordance with the terms and conditions of the
quarrying lease granted under the KMMC Rules. Rule 8 of the
KMMC Rules provides restrictions for the grant of any quarry lease.
10. Rule 8A of the KMMC Rules specifies that no area belonging
to the State Government, which was previously held under quarry
lease or in respect of which the lease deed lapsed under Rule 6 of
the KMMC Rules or in respect of which the notification has been
issued under sub-rule (3) of Rule 8, would be available for grant
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WP No. 4956 of 2026
unless the availability of the area for grant is notified in the Official
Gazette.
11. Rule 8B of the KMMC Rules was substituted by virtue of the
Karnataka Minor Mineral Concession (Amendment) Rules, 2016
with effect from 12.08.2016. The relevant extract of sub-rule (1) of
1
Rule 8B and the relevant extract of sub-rule (2) of Rule 8B as
substituted with effect from 12.08.2016, is set out below:
" 8-B. Status of applications received. -(1) All
applications received and pending for grant of lease
or license prior to the date of commencement of the
Karnataka Minor Mineral Concession (Amendment)
Rules, 2016, shall become ineligible including the
applications received for grant of mining leases of
the minerals that are now classified as minor
mineral.
(2) Notwithstanding anything contained in sub-rule
(1), the following shall remain eligible on and from
the commencement of the Karnataka Minor Mineral
Concession (Amendment) Rules, 2016, namely.-
(a) Applications received upon the notification
issued under rule 8B existed before the
Karnataka Minor Mineral Concession
(Amendment) Rules, 2016.
(b) Where the Committee that existed under
the provisions of Rule 11 or District Task
Force Committee has recommended for
1
Excluding the provisos
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WP No. 4956 of 2026
grant of a quarrying lease or license for
grant of mining lease, before the
commencement of the Karnataka Minor
Mineral Concession (Amendment) Rules,
2016.
(c) Where in the case of minerals now re-
classified as minor mineral by the Central
Government by Notification No. S.O.
423(E), dated 10-2-2015, no objection
certificates from revenue and forest
departments and the approved mining plan
from the Indian Bureau of Mines(IBM) have
been received before commencement of
the Karnataka Minor Mineral Concession
(Amendment) Rules, 2016.
(d) Applications received before 16-06-2015
and for which No Objection Certificate
(NOCs) and reports as under sub-rule (5)
of Rule 8 of these Rules have been
received from the concerned departments
before commencement of the Karnataka
Minor Mineral Concession (Amendment)
Rules, 2016; and
(e)
These applications shall be considered for
grant of quarrying lease or license, or
otherwise as per the provisions that existed
before the Karnataka Minor Mineral
Concession (Amendment) Rules, 2016
subject to fulfillment of the conditions
specified for the same, if any and
registration of leases or license deed within
a period of twenty-four months from the
date of commencement of the Karnataka
Minor Mineral Concession (Amendment)
Rules, 2016.”
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12. It is clear from the above that all applications that were
pending as on 12.08.2016 – that is on the date on which the
Karnataka Minor Mineral Concession (Amendment) Rules, 2016
came into force – were rendered ineligible. Sub-rule (2) of Rule 8B
provided for an exception to sub-rule (1), and certain applications as
specified would be excluded from being considered ineligible.
13. The petitioner remained unaffected by the substitution of Rule
8B, as his application had already been rejected prior to 12.08.2016
and no application submitted by him was pending on that date.
14. Rule 8B was further amended by Karnataka Minor Mineral
Concession (Amendment) Rules, 2023 as notified on 17.03.2023.
Sub-rules (1) and (2) of Rule 8B, as substituted with effect from
17.03.2023, read as under:
" 8-B. Status of applications received. - (1)
Notwithstanding anything contained in Chapter
IV-A, all applications received for grant of lease
prior to the date of commencement of the
Karnataka Minor Mineral Concession
(Amendment) Rules, 2016, shall become eligible
including the applications received for grant of
mining leases of the minerals that are now re-
classified as minor mineral by the Central
Government by Notification No. S.O. 423(E),
dated 10-2-2015:
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WP No. 4956 of 2026
Provided that, Applications received for
grant of lease prior to the date of commencement
of the Karnataka Minor Mineral Concession
(Amendment) Rules, 2016, for which no objection
certificates and reports are received before
commencement of these rules as per sub-rule (5)
of Rule 8 shall be considered for grant of quarry
lease by the Competent Authority:
Provided further that, Applications received
and pending for grant of lease prior to the date of
commencement of the Karnataka Minor Mineral
Concession (Amendment) Rules, 2016, for which
no objection certificates and reports are not
received before commencement of these rules,
the Competent Authority shall consider such
applications for grant of quarry lease after
obtaining no objection certificates and report as
per sub-rule (5) of Rule 8.
(2) These applications may be consider for grant
of quarrying lease in Form-GL by the Competent
Authority as per the provisions of these rules and
dispose the application within twenty-four months
from the commencement of the Karnataka Minor
Mineral Concession (Amendment) Rules, 2023."
15. It is clear from the above that the effect of sub-rule(1) of Rule
8B is to revive consideration of the applications that were
considered ineligible by virtue of the Karnataka Minor Mineral
Concession (Amendment) Rules, 2016. As noted above, the
petitioner's application was not pending as on the said date and had
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been considered and rejected prior to 12.08.2016. Rule 8B(1) of the
KMMC Rules, as substituted from 17.03.2023, does not revive the
petitioner's application.
16. As noted earlier, the petitioner had filed a revision petition
under Rule 53(1) of the KMMC Rules, which was dismissed on the
ground that it was filed beyond sixty days (the period stipulated
under the KMMC Rules for filing the revision petition from the date
of communication of the order).
17. The Revisional Authority further observed that all applications
received and pending before 12.08.2016 for the grant of a quarry
lease had become ineligible by virtue of the Karnataka Minor
Mineral Concession (Amendment) Rules, 2016, and that the
petitioner's application was not covered by the relevant clauses of
sub-rule (2) of Rule 8B, which excluded certain applications from the
scope of Sub-rule (1) of Rule 8B of the KMMC Rules as then in
force. It is apparent that the Revisional Authority made these
observations as at the material time, there was no scope for
entertaining the petitioner's application by virtue of the statutory
amendment to the KMMC Rules. The decision does not imply that
the petitioner's application was live on the date of the amendment,
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that is, on 12.08.2016. The observations also do not imply that the
Revisional Authority declined the revision petition on the ground that
the petitioner’s application was ineligible under Rule 8B(1) of the
KMMC Rules, as substituted by the amendment dated 12.08.2016.
The Revisional Authority found that the revision petition was filed
belatedly and, therefore, at the outset, held that the revision petition
could not be entertained.
18. In view of the above, the present petition is without merit, and
there is no scope for the concerned authorities to reconsider the
petitioner's application for the grant of quarry lease, as it was
rejected on 21.04.2016.
19. The petition is unmerited and is accordingly dismissed.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(K.S. HEMALEKHA)
JUDGE
KMV