- 1 - HC-KAR NC: 2025:KHC:42934-DB WP No. 5083 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 5083 OF 2025 (GM-MM-S) BETWEEN: 1. SMT. SUMA W/O LATE SRI. G.BASAVARAJAGOUDA AGED ABOUT 37 YEARS OCC BUSINESS R/AT NO. 137, WARD NO. 2 SUSHEELANAGARA VILLAGE SANDUR TQ BELLARY DISTRICT - 583 119 …PETITIONER (BY SRI SRINIVASA K N., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY 2. THE SECRETARY DEPT. OF FOREST ECOLOGY AND ENVIRONMENT VIDHANA SOUDHA BENGALURU - 560 001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42934-DB WP No. 5083 of 2025 3. THE DIRECTOR OFFICE OF THE DEPARTMENT OF MINES AND GEOLOGY 5TH FLOOR, NO.49 KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001 4. THE DEPUTY DIRECTOR OFFICE OF THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY VASU BUILDING COLLEGE ROAD HOSPET - 583 201 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR DIRECTION TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 30/03/2023 OF THE WHICH PRODUCED AT ANNEXURE-N TO THE PETITIONER AND ETC. 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, praying as under: - 3 - HC-KAR NC: 2025:KHC:42934-DB WP No. 5083 of 2025 "(i) Issue a writ of Mandamus or direction to the respondents to consider the representation dt.30.3.2023 of the which produced at Annexure 'N' to the petitioner and; (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No.4 to execute the Mining Lease Deed granting the quarry lease to the Petitioner, pursuant to the Notification dt.31.01.2017 issued by the State Government, which produced at Annexure 'G'." 2. The husband of the petitioner, who has since expired had filed an application on 16.12.2014 for grant of quarry lease for building stone to the extent of 5 acres in Survey No.418 in Chikkakeriyaginahalli Village, Sandur Taluk, Ballari District. Pursuant to the said application, the area in question was inspected by the Tahsildar and no objection certificate was issued. Since no further action was taken, the husband of the petitioner filed a writ petition, being W.P No.7974/2016, inter alia, praying that his application be considered. The said petition was allowed by an order dated 19.02.2016 and respondent No.3 was directed to consider his application within a period of two months. 3. Thereafter, on 12.08.2016, the application for quarry lease was rejected on the ground that the Karnataka Minor Mineral Concession Rules, 1994, were to be amended. Aggrieved by the - 4 - HC-KAR NC: 2025:KHC:42934-DB WP No. 5083 of 2025 same, the petitioner's husband filed a writ petition, being W.P No.53180/2016. The said petition was allowed in terms of an order dated 09.11.2016 and the endorsement rejecting the application for quarry lease was set aside. 4. On 31.01.2017, a notification was issued by the Government of Karnataka granting lease of a land measuring 5 acres in Survey No.418 in Chikkakeriginahalli Village, Sandur Taluk, Ballari District, in favour of the petitioner's husband for the period of twenty years. On 21.03.2020, the State Level Appraisal Committee issued Environmental Clearance Certificate to the extent of 4.28 acres for a period of five years. The Director of Mines and Geology also issued the letter dated 10.12.2020 recommending the grant of lease. However, the husband of the petitioner (the original applicant) expired on 03.04.2021. On his demise, the petitioner filed an application requesting that she be treated as his legal heir and on 30.03.2023 she made a letter requesting respondent No.4 to execute the mining lease deed in her favour. Her request was acceded to and on 13.12.2023, respondent No.4 issued an endorsement treating the petitioner as the legal heir of her - 5 - HC-KAR NC: 2025:KHC:42934-DB WP No. 5083 of 2025 deceased husband. The endorsement dated 13.12.2023 reads as under: "ENDORSEMENT Sub:- Recognition of Smt. B.Suma as legal representative of Late Sri G. Basavaraj gouda Ref:- Representation dtd:01.04.2023 from Smt. B.Suma. ****** A Application No:AQL28/2014-15 has been granted to Sri G.Basavaraj Gouda for Quarrying of ordinary Building Stone over an extent of 5.00 acres in C.K. Halli Village of Sandur Taluk, Ballari District for a period of 20 years w.e.f 01.04.2023. This office was informed that, the lease, The lessee, i.e., Sri G.Basavaraj Gouda demised on 03.04.2021. All the legal representatives of the deceased Sri. G.Basavaraj Gouda have filed an affidavit stating that Smt. B.Suma wife of Late G.Basavaraj Gouda considered as legal representative in so far as AQL.No.28/2014-15 is concerned, for the remaining period of the lease by producing the "Death Certificate" vide referenced letter. In view of the above, Smt. B.Suma W/o Sri G.Basavaraj Gouda is considered and recognized as legal representative as per KMMCR 19-C(2) of Late Sri G.Basavaraj Gouda for the subisting lease period of AQL No.28/2014-15 as per ammendmend of KMMCR-2023." 5. There is no dispute that the notification for grant issued in favour of the petitioner's husband is now required to be processed - 6 - HC-KAR NC: 2025:KHC:42934-DB WP No. 5083 of 2025 in favour of the petitioner for the balance period. However, the lease has not been granted as yet. In the aforesaid circumstances, the petitioner has also made a representation requesting for execution of the mining lease. 6. In view of the above, we consider it apposite to direct the respondent to forthwith consider the petitioner's application and if all formalities are completed, to execute the mining lease as expeditiously as possible, within a period of twelve weeks from date. 7. The petition is allowed in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 31