- 1 - HC-KAR NC: 2025:KHC:30449-DB WP No. 11807 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 11807 OF 2025 (GM-MM_S) BETWEEN: SRI HARISH SHETTY S/O. LATE KRISHNA SHETTY AGED ABOUT 67 YEARS R/A. MADMAL BAIL SOODA GRAMA KARKALA TALUK UDUPI DISTRICT-576 102 …PETITIONER (BY SRI K P POOVANNA, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIDHANA SOUDHA BANGALORE-560 001 2. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVANA DODDANAGUDDE Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30449-DB WP No. 11807 of 2025 UDUPI TALUK AND DISTRICT-576 102 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 29.11.2024 BEARING NO.GBOE/HO (UDUPI)/KAGAGU/ 2024-25/7457 PRODUCED AS ANNEXURE-C 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 JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition impugning an order dated 29.11.2024, whereby the petitioner's application dated 14.11.2024 seeking extension of the quarry lease [Quarry Lease No.72 in respect to 8 acres located in Survey No.168/P1, Sooda Village, Karkala Taluk] was Rejected. - 3 - HC-KAR NC: 2025:KHC:30449-DB WP No. 11807 of 2025 2. The petitioner was granted the said Quarry Lease on 03.04.2008 for a term of 5 years. The same expired on 02.04.2013. However, prior to the expiration of the said lease, there were several allegations against the petitioner including that mining was not carried out with due care and was done in violation of the rules and conditions of lease. The representative of public had also raised objections regarding the grant and the manner of lease. In any event, the term of the lease expired on 02.04.2013. However, prior to this expiry of lease, the order for cancellation dated 13.03.2013 had been issued. 3. There is no material on record to indicate whether petitioner had sought renewal of the said lease or had contested the order dated 13.03.2013 at the material time. The learned counsel for the petitioner states that petitioner had made an oral application and requested for renewal of the lease. We are unable to accept the said contention. - 4 - HC-KAR NC: 2025:KHC:30449-DB WP No. 11807 of 2025 4. In the aforesaid circumstance, the relief as sought for by the petitioner cannot be granted. In terms of Sub-rule (2) of Rule 8A of the Karnataka Minor Mineral Concession Rules, 1994 as substituted with effect from 12.08.2016 and further amended with effect from 17.03.2023, the provision of deemed grant of minerals for an extended period of 50 years or 30 years as the case may be, is subject to the condition that a renewal application for the expired lease is made within the stipulated period. Sub-rule (2) of Rule 8A of the said Rules as amended is set out below: "(2) All the quarrying leases or licenses granted before the commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, shall be deemed to have been granted for a period of fifty years in respect of specified minor minerals and for a period of thirty years in respect of non- specified minor minerals from the date of its original grant, subject to establishment of mineral availability and workability of the quarry and also subject to the condition that all the terms and conditions of the lease or licenses have been complied by the lessee or licensee and also subject - 5 - HC-KAR NC: 2025:KHC:30449-DB WP No. 11807 of 2025 to the condition that renewal application for the expired lease had been made by the lessee within stipulated time: Provided that, the mining leases of the minerals which are classified as minor minerals by the Central Government vide notification no. S.O. 423(E), dated 10.02.2015 shall be deemed to have been granted for fifty years, for an area already granted under such lease and be considered as quarrying lease or license as the case may be, subject to establishment of mineral availability and workability of the quarry and also subject to the condition that all the terms and conditions of the lease have been complied by the lessee or license. Provided further that, the quarry lease or licence which are granted before 12.08.2016 and the period of such lease or licence expired before commencement of these rules shall be considered for extension of period under the provisions of this rule." 5. In the present case, the benefit of Sub-rule (2) of Rule 8A of the said Rules is not available to the petitioner for the reason that; a) the lease stood cancelled by an order of cancellation dated 13.03.2013 passed by the Joint - 6 - HC-KAR NC: 2025:KHC:30449-DB WP No. 11807 of 2025 Director, Mines and Geology Department and the same was not challenged at the material time; and b) there were no application for renewal of the lease filed. 6. We find no infirmity with the impugned order passed. The petition is unmerited and accordingly, dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 14