- 1 - NC: 2025:KHC:10086-DB WP No. 1810 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 1810 OF 2025 (GM-MM_S) BETWEEN: 1. MR.C.M. DHANANJAYA S/O LATE MAYANNA AGED ABOUT 53 YEARS R/A NO.161, CHOLANAYAKANAHALLI TIPPAGONDANAHALLI POST TAVAREKERE HOBLI BANGALORE SOUTH TALUK BANGALORE DISTRICT-562 120 …PETITIONER (BY SRI. S.S.MAHENDRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY (MINES), DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, 1ST FLOOR BENGALURU-560 001 2. THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:10086-DB WP No. 1810 of 2025 RACE COURSE ROAD BENGALURU-560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY 13TH FLOOR, V.V. CENTRE DR.AMBEDKAR VEEDI BENGALURU URBAN DISTRICT BENGALURU-560 001 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO QUASH THE ORDER DATED 21.12.2024 (ANNEXURE-A) PASSED BY RESPONDENT No.3:SENIOR GEOLOGIST REJECTING THE PETITIONER'S QUARRY LEASE APPLICATION FOR 2 ACRES IN SURVEY No.20, MADAPATNA VILLAGE, BANGALORE SOUTH TALUK FOR BEING ARBITRARY, ILLEGAL, AND OPPOSED TO THE PRINCIPLES OF EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:10086-DB WP No. 1810 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) Aggrieved by the order dated 21.12.2024 passed by respondent No.3 (vide Annexure-A to the writ petition), the present writ petition is filed. 2. The petitioner made an application for grant of quarry lease for 2 acres of Government land in Survey No.20 of Madapatna Village, Bangalore South Taluka. The same came to be rejected on the ground that due to amendment to the relevant Rules, the lands for quarrying lease is required to be auctioned and the same cannot be granted to the petitioner. This was challenged by the petitioner by way of Writ Petition No.28665 of 2017. This court while setting aside the impugned order, has held that the endorsement issued to the petitioner rejecting his application as erroneous as same was rejected on the ground that the application was not saved after the amendment. On the said ground, the writ petition was allowed and the matter was remanded back to the authorities concerned to consider his prayer for execution of the lease. - 4 - NC: 2025:KHC:10086-DB WP No. 1810 of 2025 3. Subsequent to the order passed in Writ Petition No.28665 of 2017, again the application of the petitioner was rejected on the ground that necessary NOCs were not obtained before 12.08.2016. Aggrieved by the same, petitioner preferred Writ Petition No.27229 of 2018. This court has allowed the writ petition observing that the request of the petitioner could not have been rejected on the said ground given the facts and circumstances of the case and has remanded the matter back to the authorities concerned. 4. In the meanwhile, on the ground that 1 acre of the requested 2 acres of land has been allotted to somebody else, the petitioner requested for allotment of a different 2 acres of land in the same survey number. On the said ground, concerned legal department recommended rejection of the request of the petitioner. Based on the said legal opinion, respondent No.3 has rejected the application of the petitioner. Aggrieved by the same, the present writ petition is filed. 5. The case of the petitioner is that there has been a slight modification of the area requested to be allotted to the petitioner as a portion of the earlier area has been now allotted to a different person and the present area is vacant and similarly situated - 5 - NC: 2025:KHC:10086-DB WP No. 1810 of 2025 persons have been given the said benefit by the Government but in the case of petitioner, same has been rejected. It is further submitted that the petitioner was not given an opportunity of hearing before rejecting his application and the same is in violation of known principles of natural justice. It is also submitted that though in all other aspects respondent No.3 finds the application of the petitioner being viable for grant of mining lease, has rejected the same solely based upon the recommendations made by the concerned legal department and it is erroneous on the face of it. 6. Learned Additional Government Advocate upon instructions fairly submits that the impugned order is passed without application of mind and hence, the same may be set aside and remanded back to respondent No.3 and he shall consider the same in accordance with law and pass appropriate orders thereafter. 7. The petitioner is agreeable for the same. 8. For the aforementioned reasons, the impugned order dated 21.12.2024 (vide Annexure-A to the writ petition) passed by respondent No.3 is hereby set aside. - 6 - NC: 2025:KHC:10086-DB WP No. 1810 of 2025 9. The matter is remanded back to respondent No.3 with a direction to consider the application of the petitioner in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a certified copy of this order. 10. It is hereby made clear that no opinion is expressed on merits of the case. 11. The writ petition is disposed of accordingly. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 31