- 1 - NC: 2025:KHC:11563-DB WP No. 28798 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH 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. 28798 OF 2024 (GM-MM_S) BETWEEN: 1. V. NARASIMHAIAH S/O. LATE VENKATAPPA, MAJOR, ENGINEER AND CONTRACTOR, NO. 2165, 7TH CROSS, THIRD 'B' MAIN ROAD, R.P.C. LAYOUT, II STAGE, VIJAYANAGAR, BENGALURU - 560 040. …PETITIONER (BY SRI. K.B. SHIVA KUMAR, ADVOCATE) AND: 1. THE SENIOR GEOLOGIST/DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, 13TH FLOOR, V.V. TOWERS, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER AND DISPOSE OF THE PETITIONER'S REPRESENTATION DATED 07/08/2024, ACKNOWLEDGED BY THE RESPONDENT ON 09/08/2024, PRODUCED AT ANNEXURE-A IN ACCORDANCE WITH THE PROVISO TO RULE 8-A OF KARNATAKA MINOR MINERAL CONCESSION RULES, 1994 IN THE INTEREST OF EQUITY AND JUSTICE AND ETC., Digitally signed by CHAITHRA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11563-DB WP No. 28798 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The case of the petitioner in the present petition filed under Article 226 of the Constitution is inter alia that the petitioner was granted quarrying lease for extraction of building stone on 31.03.1993 for a period of five years. Thereafter, certain civil litigations ensued against the petitioner. 2. The respondent-authority renewed the lease of the petitioner on 31.07.2004 for a period of five years with effect from 31.03.2003 imposing certain additional conditions regarding demarcation of the land by the Forest Department and whether No Objection Certificate is liable to be issued by the Forest Department by ascertaining whether the area was within the forest or not. 3. It appears that thereafter the respondent-authority cancelled the said renewal notification. Revision application was filed before - 3 - NC: 2025:KHC:11563-DB WP No. 28798 of 2024 the Revisional Authority. The Revisional Authority directed the respondent to take action for renewal of lease after ascertaining whether the area falls within the forest land. 3.1 It appears that on 21.05.2024, the Deputy Conservator of Forests issued the no objection certificate stating that the area would not fall within the deemed forest. The petitioner thereafter made a representation dated 07.08.2024 to extend the period of lease for further term as contemplated in proviso to Rule 8-A of the Karnataka Minor Mineral Concession Rules, 1994. It is the case of the petitioner that he also obtained Environmental Clearance Certificate from the Ministry of Environment, Forest and Climate Change, Government of India. 3.2 Rule 8-A reads as under, "Rule 8-A. Periods for which the quarrying lease, license or composite license may be granted.- (1) On and from the date of commencement of the Karnataka Minor Mineral concession (Amendment) Rules, 2016 all the quarrying leases, licences and prospecting-cum-quarrying lease, unless or otherwise explicitly mentioned in these rules shall be granted for a period of fifty years for specified minor minerals and for a period of thirty years for the non-specified minor minerals, subject to establishment of mineral - 4 - NC: 2025:KHC:11563-DB WP No. 28798 of 2024 availability and workability of quarry and further subject to provisions under Chapters II & II-A of these Rules: Provided that the period of lease may be extended equal to the period, if it exceeds one year for which the quarry remained closed (dies-non) due to Court order or any other order by the Government and dead rent shall not be chargeable for such period: Provided further that where quarry leases remained closed due to any fault on the part of the lessee lease period shall not be extended and dead rent shall be chargeable for such period." 4. When learned advocate Mr. K.B. Shiva Kumar for the petitioner invited the attention of the court to the only prayer of the petitioner that the petitioner wants to get his representation dated 07.08.2024 considered by the respondent-authority, learned Additional Government Advocate Smt. Niloufer Akbar fairly stated that the representation of the petitioner for seeking benefit under Rule 8-A of the said Rules, 1994, which is acknowledged by the respondent on 09.08.2024, shall be decided in accordance with law and on its merits within twelve weeks from today. - 5 - NC: 2025:KHC:11563-DB WP No. 28798 of 2024 5. In light of the above, providing that the representation of the petitioner shall be decided in accordance with law and on merits of within twelve weeks from toady. 6. However, it is made clear that this court has not gone into or expressed anything on the merits of the case. 7. The present petition is accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE CR List No.: 1 Sl No.: 123