- 1 - NC: 2025:KHC:870-DB WP No. 30025 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 30025 OF 2024 (GM-MM_S) BETWEEN: 1. SMT JAYASHREE W/O. LATE. SATHYAPRAKASH MALLAPUR AGED ABOUT 47 YEARS, OCC BUSINESS, R/O.DHUPDEAL, GOKAK TALUK, BELAGAVI DISRICT-591 306. …PETITIONER (BY SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. THE SECRETARY TO GOVERNMENT DEPT. OF COMMERCE & INDUSTRIES, VIKAS SOUDHA, BENGALURU, BENGALURU- 560 001. 2. THE DIRECTOR/COMMISSIONER DEPT. OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU- 560 001. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:870-DB WP No. 30025 of 2024 3. THE DEPUTY DIRECTOR DEPT. OF MINES & GEOLOGY, KUMARASWAMY LAYOUT BAUXITE ROAD, BELAGAVI-590 001. 4. THE DEPUTY COMMISSIONER & CHAIRMAN OF THE DISTRICT TASK FORCE COMMITTEE BELAGAVI, DISTRICT BELAGAVI-590 001. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING RESPONDENT AUTHORITIES TO CONSIDER THE QL APPLICATION DATED 15.04.2015 FILED BY THE PETITIONER (ANNEXURE-B) FOR GRANT/EXECUTE QUARRYING LEASE TO EXTRACT ORDINARY BUILDING STONE, WHICH IS NON-SPECIFIED MINOR MINERAL, OVER AN AREA OF 06-00 ACRES IN GOVERNMENT LAND BEARING Sy.No.396 OF HIREKOPPA K. S. VILLAGE, RAMDURGA TALUK, BELAGAVI DISTRICT IN FAVOUR OF THE PETITIONER WITHIN THE TIME LIMIT AS PRESCRIBED UNDER RULE 8B (2) OF THE KMMC RULES 2023, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVEREDTHEREIN AS UNDER: - 3 - NC: 2025:KHC:870-DB WP No. 30025 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) Heard learned advocate Mr. Shivalli Shivayogi Yallappagouda for the petitioner and learned Additional Government Advocate Smt. Niloufer Akbar who appeared upon issuance of notice. 2. The petitioner has made an application for grant of quarry lease for extracting ordinary building stone in land part of Survey No.396 admeasuring 8 Acres situated at Hirekoppa K S village, Ramdurga Taluka, Belagavi District. It is the case of the petitioner that the petitioner has complied with the requirements, conditions and formalities prescribed under the Karnataka Minor Mineral Concession Rules, 1994. 3. It is her grievance that her application is still not processed which was filed as back as in the year 2015. Copy of the said application figures on record of the petition. It is also the case of the petitioner that the application has not been processed after the - 4 - NC: 2025:KHC:870-DB WP No. 30025 of 2024 amendment made in the Minor Mineral Concession Rules whereby, Rule 8B was substituted by the Notification dated 17.03.2023. 3.1 According to the petitioner, she is eligible for grant of quarrying lease. It is stated that the authorities have given no- objection and positive opinion in favour of the petitioner. On the basis of the above premise of facts, prayer is made to direct the respondent-authorities to consider the quarry lease application dated 15.04.2015 of the petitioner for grant of quarry lease. 4. Having considered the facts of the case and having further considered the submissions made by both the sides, it will be appropriate if necessary directions are issued to the competent authority, as the application of the petitioner is still not decided. 5. The respondent is therefore directed to consider and decide the application of the petitioner which is since long pending, after looking into the merits of the application and decide in accordance with law, which shall be preferably within a period of eight weeks. 6. This Court has not gone into the merits of the case. - 5 - NC: 2025:KHC:870-DB WP No. 30025 of 2024 7. The petition is disposed of on the above terms. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 28