- 1 - HC-KAR NC: 2025:KHC:42788-DB WP No. 20810 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. 20810 OF 2025 (GM-MM_S) BETWEEN: SRI. M. R. THAMBI S/O LATE M.RAJU AGED ABOUT 63 YEARS R/A MURUGAN COLONY, KADUR TOWN, U.B. ROAD, KADUR CHIKKAMAGALUR DISTRICT-577548. …PETITIONER (BY SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKAS SOUDHA BENGALURU-560001. 2. DIRECTOR/COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. 3. THE SENIOR GEOLOGIST MINES AND GEOLOGY DEPARTMENT, MINERAL DIVISION, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42788-DB WP No. 20810 of 2025 DISTRICT CHIKKAMAGALUR-577101. 4. THE DEPUTY COMMISSIONER CHIKKAMAGALUR, DISTRICT CHIKKAMAGALUR-577101. 5. THE DEPUTY CONSERVATOR OF FOREST CHIKKAMAGALUR DIVISION, DISTRICT CHIKKAMAGALUR-577102. …RESPONDENTS (BY SRI.K.S. HARISH, GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING RESPONDENT AUTHORITIES TO CONSIDER THE AQL FORM DATED 11.05.2015 FILED BY THE PETITIONER (ANNEXURE-C) FOR GRANT/ EXECUTE QUARRYING LEASE TO EXTRACT ORDINARY BUILDING STONE, WHICH IS NON SPECIFIED MINOR MINERAL, OVER AN AREA OF 3-00 ACRES IN GOVERNMENT GOMALA LAND BEARING Sy. No. 118OF MALLESHWARA VILLAGE, KADUR TALUK, CHIKKAMAGALURU 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, 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. Issue notice. - 3 - HC-KAR NC: 2025:KHC:42788-DB WP No. 20810 of 2025 2. Learned Government Advocate accepts notice for respondents. 3. The petitioner has filed the present petition inter alia praying as under: i. Issue a Writ of mandamus or any other writ or Direction, directing respondent authorities to consider the AQL Form dated 11.05.2015 filed by the petitioner (Annexure-C) for grant/execute Quarrying Lease to extract Ordinary Building Stone, which is Non-Specified Minor Mineral, over an area of 03-00 Acres in Government Gomala Land bearing Sy.No.118 of Malleshwara Village, Kadur Taluk, Chikkamagaluru 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. ii. Issue a writ of mandamus or any other writ or direction directing respondent No.5 to issue NOC/opinion in the case of the petitioner in connection with AQL Form dated 11.05.2015 (Annexure-C) based on the Order dated 03.02.2015 (Annexure-B) passed by the Respondent No.4 in respect of Sy.No.118 measuring 3 acres situated at Malleswara Village, Kadur Taluk in the ends of justice and equity. iii. Grant such other and further reliefs or any other writ or direction including the cost of this writ petition as deemed fit by this Hon'ble Court in the ends of justice and equity. 4. Insofar as the second prayer is concerned, the learned counsel appearing for the respondents states that the report has been furnished by respondent No.5 in connection with the - 4 - HC-KAR NC: 2025:KHC:42788-DB WP No. 20810 of 2025 petitioner's AQL Form dated 11.05.2015 and therefore, the second prayer does not survive. 5. Insofar as the first prayer is concerned, it states that since the report was submitted on 08.10.2025, the same would now be considered. 6. In view of the above, we dispose of the present petition by directing the concerned authorities to consider the petitioner's application dated 11.05.2015 in accordance with law as expeditiously as possible and preferably within a period of twelve weeks from date. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS - List No.: 1 Sl No.: 7