- 1 - HC-KAR NC: 2025:KHC:42933-DB WP No. 33916 of 2024 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. 33916 OF 2024 (GM-MM-S) BETWEEN: 1. ASHOK KUMAR H.S. S/O. R. SIDDALINGAIAH AGED ABOUT 36 YEARS R/AT HOSAHALLI VILLAGE AND OBALAPURA POST TUMKUR TALUKA - 572 106 TUMKUR DISTRICT …PETITIONER (BY SRI RAVINDRA GAJANAN KOLLE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY ROOM NO. 320, 3RD FLOOR VIDHANA SOUDHA BENGALURU - 560 001. 2. THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF COMMERCE AND INDUSTRIES ROOM NO. 135, FIRST FLOOR VIKASA SOUDHA BENGALURU - 560 001 3. THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42933-DB WP No. 33916 of 2024 NO. 49, KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001 4. THE DEPUTY DIRECTOR & COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, SPOORTHI LAYOUT BADDIHALLI, RING ROAD TUMKUR - 572 104 5. THE ASSISTANT COMMISSIONER (REVENUE) TUMKUR SUB-DIVISION MINI VIDHANA SOUDHA TUMKUR - 572 101 6. THE DEPUTY CONSERVATOR OF FORESTS TUMKUR DIVISION RAMAKRISHNA NAGAR KUNIGAL ROAD TUMKUR - 572 105 …RESPONDENTS (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 OR ANY OTHER ORDER OR DIRECTION DIRECTING 4TH RESPONDENT DEPUTY DIRECTOR AND COMPETENT AUTHORITY TO GRANT AND EXECUTE THE QUARRY LEASE AVER AN AREA OF 00.25 GUNTA IN Sy. No. 59 OF HOSAHALLI VILLAGE AND 00.15 GUNTA IN Sy. 31 OF AMALAPURA VILLAGE OF TUMKUR TALUKA, TUMKUR DIST. TOTALLY MEASURING 01.00 ACRE, AS SHOWN IN THE SKETCH AS PER PETITIONER'S QL APPLICATION DATED 14.03.2024 FILED UNDER NEWLY INSERTED RULE 8-R(4) OF KMMC RULES 2023, PRODUCED AT ANNEXURE-A, TAKING INTO CONSIDERATION THE RECEIPT OF REVENUE NOC's DATED 16.07.2016 AND 27.07.2016 AND FOREST NOC's DATED 31.05.2016 AND 31.10.2017 PRODUCED AT ANNEXURE-H, J, K AND L RESPECTIVELY, IN THE LIGHT OF LAW LAID DOWN BY THIS HONBLE COURT IN GANAPATHY GRANITE IMPEX REPORTED IN 2021 SCC ONLINE KAR 12495 PRODUCED AT ANNEXURE-E AND ETC. - 3 - HC-KAR NC: 2025:KHC:42933-DB WP No. 33916 of 2024 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: "Issue a Writ of Mandamus or any other order or Direction directing 4th Respondent Deputy Director & Competent Authority to grant & execute the Quarry Lease over an area of 00.25 Gunta in Sy.No.59 of Hosahalli Village & 00.15 Gunta in Sy.No.31 of Amalapura Village of Tumkur Taluka, Tumkur Dist. totally measuring 01.00 Acre, as shown in the sketch as per Petitioner's QL Application dated 14.03.2024 filed under newly inserted Rule 8-R (4) of KMMC Rules 2023, produced at ANNEXURE-A, taking into consideration the receipt of Revenue NOC's dated 16.07.2016 & 27.07.2016 and Forest NOC's dated 31.05.2016 & 31.10.2017 produced at ANNEXURE- H, J, K & L respectively, in the light of law laid down by this Hon'ble Court in Ganapathy Granite Impex reported in 2021 SCC OnLine Kar 12495 produced at ANNEXURE-E" 2. The petitioner states that on 14.11.2019, he was granted a quarry lease in the extent of 1-10 acres in Survey No.31 of - 4 - HC-KAR NC: 2025:KHC:42933-DB WP No. 33916 of 2024 Amalapura Village, Tumakuru Taluk for mining ordinary building stone. The said lease is valid for a period of twenty years. Additionally, on 16.05.2023, the petitioner was granted quarry lease to the extent of 3 acres in Survey No.59 of Hosahalli Village, Tumakuru Taluk to extract ordinary building stone. The said lease was valid for thirty years. 3. It is the petitioner's case that there is a portion of land, to a total extent of about 1 acre, which is in between and at the boundary of the two quarry leases. On 14.03.2024, the petitioner filed an application for grant of quarry lease in respect of that 1 acre of land in terms of Rule 8-R(4) of the Karnataka Minor Mineral Concession Rules, 1994 [hereafter, 'the said Rules']. 4. The petitioner has filed the present petition, inter alia, seeking directions to grant quarry lease pursuant to his application in terms of Rule 8-R (4) of the said Rules. 5. It is relevant to extract Rule 8-R(4) of the said Rules. The same reads as under: "In the interest of mineral development and to promote systematic and scientific quarrying, if the minor mineral deposits found in the middle of the - 5 - HC-KAR NC: 2025:KHC:42933-DB WP No. 33916 of 2024 concession area falling in cluster association, such minor mineral deposited area shall be allotted to the lessees falling in cluster and grant a quarry lease through non-auction route, as per guidelines issued by the State Government from time to time." 6. It is apparent from the plain reading of Sub-rule (4) of Rule 8-R of the said Rules that if any minor mineral deposits are found in the middle of the concession area falling in cluster association, the right to quarry such mineral shall be allotted to the lessees falling in the cluster and such grant shall be through non-auction route. Thus, Sub-rule (4) of Rule 8-R of the said Rules is applicable when deposits are found in the middle of the concession area which falls in a cluster association. If the said condition is satisfied, then the quarry lease is required to be granted as per the guidelines issued by the State Government from time to time. 7. The learned Additional Government Advocate appearing for the respondents submits the petitioner's application shall be considered in conformity with the said Rules and in accordance with law. 8. In view of the said statement, no further orders are required to be passed, except to direct the respondents to consider the - 6 - HC-KAR NC: 2025:KHC:42933-DB WP No. 33916 of 2024 petitioner's application as expeditiously as possible and preferably within a period of twelve weeks from the date. 9. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 30