- 1 - HC-KAR NC: 2025:KHC:37240-DB WP No. 7156 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 7156 OF 2025 (GM-MM-S) BETWEEN: 1. SMT. SYEDA MEHABOOBUNNISSA W/O SAYAD KASIM AGED ABOUT 63 YEARS JAMIA MASID ROAD GUNDLUPET TOWN - 571 111 CHAMARAJANAGAR DISTRICT. …PETITIONER (BY SRI P. MAHESHA, ADVOCATE) AND: 1. THE DEPUTY DIRECTOR MINES AND MINERALS DEPARTMENT CHAMARAJANAGAR DISTRICT - 571 313. 2. THE SENIOR GEOLOGIST MINES AND MINERALS DEPARTMENT CHAMARAJANAGAR DISTRICT - 571 313. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37240-DB WP No. 7156 of 2025 3. THE DIRECTOR OF MINES AND GEOLOGY KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001. 4. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY INDUSTRIAL AND COMMERCE VIKASA SOUDHA BENGALURU - 560 001. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT CERTIORARI, QUASHING THE IMPUGNED ORDER PASSED BY THE 1ST RESPONDENT AUTHORITY THAT IS DEPUTY DIRECTOR, MINES AND MINERALS DEPARTMENT, CHAMARAJANAGAR DISTRICT IN ORDER BEARING No. GABUE-HUNICHA-KAGAGU 2004-05/4544, DATED 11.10.2004, VIDE ANNEXURE-F AND CONSEQUENTIAL ENDORSEMENT ISSUED BY THE 2ND RESPONDENT AUTHORITY THAT IS SENIOR GEOLOGIST, MINES AND MINERALS DEPARTMENT, CHAMRAJANAGAR DISTRICT IN ORDER BEARING No. GABUE/EBUVI/CHAMARA/KAGAGU/2024-25/4052, DATED 16.01.2025, VIDE ANNEXURE-E & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37240-DB WP No. 7156 of 2025 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 11.10.2004 passed by respondent No.1 (Deputy Director, Mines and Minerals Department, Chamarajanagar District) as well as the endorsement dated 16.01.2025 issued by respondent No.2 (Senior Geologist). The petitioner also prays that directions be issued to the respondents to consider her application for renewal of the quarrying lease. The petitioner states that she was granted a quarry lease in respect of an area measuring one acre located in Survey No.192 at Madahalli Village, Kasaba Hobli, Gundlupet Taluk, Chamarajnagar District for a period of five years on 20.11.2022 for extraction of building stones. The petitioner states that for certain technical issues-which are not explained in the petition-she was unable to undertake the quarrying - 4 - HC-KAR NC: 2025:KHC:37240-DB WP No. 7156 of 2025 activities on the land granted to her. She also states that another person named Dodana is interfering in the land and he claims that he had also applied for a quarry lease in respect of the subject land. She states that sometime in the year 2016, she was verbally informed to pay dead rent and if she pays the dead rent in respect to the subject property, the lease would be renewed. She states that immediately thereafter, she made an application for renewal dated 16.06.2016 and also paid the dead rent. She states that despite making an application and paying the dead rent, her application was not considered. Accordingly, she approached the respondent authorities sometime in January 2025 to enquire about the status of her application and to her surprise, she found that the quarry lease had been cancelled on 11.10.2004 for violation of Rules 6(1), 36(2) and 42 of the Karnataka Minor Mineral Concession Rules, 1994. She says that she immediately obtained copies of the proceedings under the RTI and found that quarry lease granted to her had been cancelled. She now claims that the lease was cancelled without any notice to her and therefore, preferred the present petition. Admittedly, the quarry lease was granted to the petitioner for a period of five years. As noted above, - 5 - HC-KAR NC: 2025:KHC:37240-DB WP No. 7156 of 2025 the petitioner claims that she did not put the lease to her benefit, on account of technical issues and interference. There is no material on record to indicate that the petitioner had made any grievance regarding any interference or mentioned any technical issues in any communication issued at the material time. 2. Concededly, the lease would have in normal course expired after a period of five years that is, by 2007. However, admittedly, the petitioner had not taken any steps in regard to the renewal of the said lease at the material time. In regard to renewal of the said lease at the material time, she made an application on 16.06.2016 which is almost twelve years, the lease had been cancelled. Interestingly, the petitioner also did not take any steps thereafter for several years and finally made an enquiry regarding her application almost eleven years thereafter. 3. We are of the view that clearly the petitioner has no right for any quarry lease or renewal thereon. We are also of the view that the present petition is a speculative petition and unjustifiable. Accordingly, the petition is dismissed with costs quantified at - 6 - HC-KAR NC: 2025:KHC:37240-DB WP No. 7156 of 2025 ` 50,000/- to be deposited with the Karnataka State Legal Services Authority, within a period of two weeks from date. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KPS List No.: 1 Sl No.: 14