- 1 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 1767 OF 2026 (GM-MM-S) C/W WRIT PETITION NO. 33768 OF 2025 (GM-MM-S) IN WP No. 1767/2026 BETWEEN: 1. SRI KESHAVA NAIK P S/O P MAILA NAIK AGED ABOUT 56 YEARS R/AT KELAGINA PADAVU HOUSE KEPU VILLGE BANTWAL TALUK D K DISTRICT -574 243 …PETITIONER (BY SRI. S.RAJASHEKAR.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRY VIKASA SOUDHA BENGALURU-560 001 REP BY ITS SECRETARY 2. TH DISTRICT SAND MONITORING COMMITTE JUGUL TOWER, 1ST FLOOR MALLIKATTE Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 MANGALURU -575 001 REP BY ITS CHIRMAN AND DEPUTY COMMISSIONER 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY JUGUL TOWER, 1ST FLOOR MALLIKATTE MANGALURU -575 001 4. THE SENIOR GEOLOGIST AND MEMBER DISTRICT SAND MONOTRING COMMITTEE DEPARTMENT OF MINES AND GEOLOGY GROUND FLOOR, PRAJA SOUDHA, PADIL MANGALURU, D K DISTRICT-575 007 5. THE ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE MANGALURU SUB-DIVISION D K DISTRICT-575 001 6. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU -560 001 …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 CERTIORARI TO QUASH THE TENDER NOTIFICATION DATED 06/01/2026 ISSUED BY THE 4TH RESPONDENT FOR TENDER-CUM AUCTION DOCUMENT FOR DISPOSAL OF SAND BLOCK IN IV, V AND HIGHER ORDER STREAMS IN NON-CRZ AREA OF COASTAL DISTRICTS VIDE ANNEXURE-A AND ETC,. - 3 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 IN WP NO. 33768/2025 BETWEEN: 1. SRI KESHAVA NAIK P S/O. P. MAILA NAIK AGED ABOUT 55 YEARS R/AT KELAGINA PADAVU HOUSE KEPU VILLAGE, BANTWAL TALUK D.K DISTRICT-574 243 ...PETITIONER (BY SRI S RAJASHEKAR,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRY VIKASA SOUDHA, BENGALURU-560 001. REP. BY ITS SECRETARY 2. THE DISTRICT SAND MONITORING COMMITTEE JUGUL TOWER, 1ST FLOOR MALLIKATTE, MANGALURU-575 001 REP. BY ITS CHAIRMAN AND DEPUTY COMMISSIONER 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY JUGUL TOWER, 1ST FLOOR, MALLIKATTE MANGALURU-575 001 4. THE SENIOR GEOLOGIST AND MEMBER DISTRICT SAND MONITORING COMMITTEE DEPARTMENT OF MINES AND GEOLOGY GROUND FLOOR, PRAJA SOUDHA, PADIL MANGALURU, D.K DISTRICT-575 007 - 4 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 5. THE ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE MANGALURU SUB-DIVISION D.K. DISTRICT-575 001 6. THE DIRECTOR. DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU-560 001 7. PURANDARA K S/O. GIRIYAPPA NAIK AGED ABOUT 57 YEARS R/AT KUKKAJE HOUSE BILINELE VILLAGE AND POST PUTTUR TALUK, D.K DISTRICT-574 238 8. M. PARAMESHWARA NAIK S/O. KUNHA NAIK AGED ABOUT 72 YEARS R/AT NEAR JANGAMA MATHA MULOOR VILLAGE, GURUPURA POST MANGALURU TALUK, D.K DISTRICT - 574 145 ...RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R1 TO R6, R7 IS SERVED AND UNREPRESENTED SRI K.S.N RAJESH, ADVOCATE FOR R8.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE REJECTION LETTER DATED 23/09/2025 ISSUED BY THE RESPONDENTS IN SO FAR AS REJECTING THE BID SUBMITTED BY THE PETITIONER FOR SAND BLOCK IN - 5 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 RESPECT OF SY.NO.28 MEASURING TO AN EXTENT OF 5.00 ACRES OF AMMUNJE VILLAGE, BANTWAL TALUK, WHICH IS RESERVED FOR SCHEDULED TRIBES VIDE ANNEXURE-A AND ETC,. THESE PETITIONS, 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 writ petition No.33768/2025, inter alia, praying is under. "a. Issue a writ of certiorari to quash the rejection letter dated 23.09.2025 issued by the respondents in so far as rejecting the bid submitted by the petitioner for Sand Block in respect of Sy.No.28 measuring to an extent of 5.00 acres of Ammunje Village, Bantwal Taluk, which is reserved for Scheduled Tribes vide Annexure-A. b. Issue a writ of certiorari to set aside the inclusion of clause No.2 (a) of the tender notification dated 14.08.2025 issued by the respondent for tender-cum Document for Disposal of Sand Block in IV, V and Higher order streams in Non-CRZ Area of Coastal District in so far as inclusion of 'If number of bidders are less than 03 in taluk, then 'District' will be considered for bidding' vide Annexure-B. - 6 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 c. To declare the petitioner as eligible bidder in terms of the Government Notification dated 01.03.2019 bearing No.CI.78.MMN.2019, Bengaluru and notification dated 14.12.2022 bearing No.CI. MMN/189/2022, Bengaluru issued by the 1st respondent vide Annexure-C and D. d. Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the interest of justice and equity". 2. It is apparent from the above that the petitioner is impugning the decision of the concerned official respondents to reject his bid for sand block in respect of land to the extent of 5 acres falling in Survey No.28, Ammunje Village, Bantwal Taluk, which had been reserved for Scheduled Tribes. The petitioner also challenged the condition in the tender notification that permitted bidders outside the concerned Taluk to participate in the bidding process. 3. According to the petitioner, respondent Nos. 7 and 8 (Purandara K. and M. Parameshwara Naik) are not residents of the Taluk and therefore were ineligible to participate in the bidding process if the tender terms permitting such participation, which is challenged by the petitioner, are set aside. On the basis of the aforesaid challenge, the petitioner - 7 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 also claims that he should be declared as a successful bidder for the award of the mining rights in respect of the concerned sand block. 4. The controversy centres on the notification dated 14.08.2025 for the disposal of sand blocks in respect of the following area: “1. DETAILS OF AREA: Block No Taluk Village Sy. no Extent in Acres River/ Quantity in MT Category 1 Bantwal Ammunje 28 5.00 Phalguni 17,373.7 Scheduled Tribes 5. The terms and conditions of the tender notification dated 19.06.2024 were based on the model “Tender-cum-Auction Documents for Disposal of Sand Blocks in IV, V and Higher Order streams in Non-CRZ area of Coastal Districts”. 6. The petitioner furnished his proposal, pursuant to the said notification, on 03.09.2025. The petitioner also claims that he had raised his objections with regard to the inclusion of - 8 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 Article 2-1(a) of the tender conditions. Article 2-1(a) of the tender conditions is relevant and is set out below: "2. ELIGIBILITY CRITERIA: (1) *** *** *** (a) A person shall be a resident of the concerned Taluk for not less than one year and to that effect recent residential certificate shall be obtained from jurisdictional Tahasildar. (If number of bidders less than 03 in Taluk, then "District" will be considered for bidding)." 7. Although it is contented on behalf of the petitioner that the petitioner had objected to the said conditions at the pre-bid meeting, there is, concededly, no material on record indicating that the petitioner had raised any such objection prior to filing the writ petition. The petitioner's bid was not accepted due to competing bids. Accordingly, the petitioner's bid was rejected by a communication dated 23.09.2025, which is impugned in the present petition. 8. It is the petitioner's case that, permitting persons from outside the Taluk to participate in the bidding process falls foul of Rule 31-ZB of the Karnataka Minor Minerals Concessions - 9 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 Rule, 1994 [the Rules]. Rule 31-ZB of the Rules is relevant and is set out below. 31-ZB. Disposal of Sand blocks available in IV, V and higher order streams through Tender- cum-Auction in Non-CRZ areas of Coastal Districts.- (1) In non-CRZ areas of Coastal Districts, viz. Uttar Kannada, Dakshin Kannada and Udupi Districts, sand blocks shall be allotted through tender-cum-auction amongst the traditional sand extracting communities to be identified and subject to the following conditions, namely.- (a) A person shall be resident of the concerned Taluk for not less than one year and to that effect residential certificate shall be obtained from jurisdictional Tahsildar. (b) The person shall furnish the document as proof of having engaged in extraction of sand in coastal area through manual methods for at least One year. (c) The person shall own a stockyard near the river bank or shall have an agreement with the owner of the land to that effect; and (d) Motor boats and dredger for removal of sand is prohibited. (2) The grant of sand quarrying lease through tender-cum-auction in non-CRZ areas of Coastal Districts shall be done as per guidelines and tender documents, notified by the Government from time to time. (3) Regulation of sand removal from de-siltation of vented dams manually in Non-CRZ areas of Coastal Districts.- - 10 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 (a) In Non-CRZ areas of coastal district, viz. Uttar Kannada, Dakshina Kannada and Udupi Districts, the de-siltation of vented dams shall be allotted by way of tender-cum-auction by the District Sand Committee amongst the traditional sand extracting communities to be identified as specified in Rule 31-ZB. (b) The grant of permission for de-siltation of vented dams in Non-CRZ areas of Coastal Districts shall be done as per the guidelines and tender document issued and notified by the State Government from time to time.” 9. While the present petition was pending, the concerned authorities revisited the tender condition permitting bidders from the District to participate in the bidding process if the number of bidders from the taluk was fewer than three. 10. After reconsidering the inclusion of the said conditions, the authorities have decided to withdraw the tender and issue a fresh notification dated 06.01.2026 for the sand block in question. Clause 2-1(a) has since been modified, and the words, "if the number of bidders is less than 3 in a particular Taluk, then the District will be considered for bidding", which were set out in parentheses and are the subject matter of challenge in WP.No.1767/2026 (GM-MMS), have been - 11 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 deleted. In view of the above, the petitioner's grievance regarding the wordings of clause 2-1(a) does not survive. 11. However, the petitioner submits that in view of the deletion of the impugned condition, respondent Nos. 7 and 8 would be ineligible for furnishing the bids; therefore, the petitioner's bid, being the sole bidder, should be accepted. However, as noted above, the respondents have withdrawn the tender notification dated 14.08.2025 and have invited fresh bids. 12. The petitioner has challenged the notification dated 06.01.2026 in W.P.No.1767/2026, inviting fresh bids, on the ground that, if he succeeds in challenging the notification dated 14.08.2025, he would be entitled to the tender award. 13. We note that condition No. 20 of the model notification empowers the District Sand Committee to reject all or any tender bids without assigning a reason. Article 20 of the notification is set out below. - 12 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 "20. POWERS OF DISTRICT SAND COMMITTEE: The District Sand Committee reserves the right to reject all or any of the tender / bids without assigning any reason thereof or split up the tender as deems fit. The District Sand Committee also reserves the right to cancel the bid or lease even after acceptance of bid or during performance of the contract". 14. In view of the express powers reserved under Article 20 of the notification, we find no grounds for interfering with the decision of the concerned Committee to withdraw the notification dated 14.08.2025 and invite fresh bids. Clearly, the petitioner has no vested right to be allotted any sand block. 15. As observed above, since the petitioner's challenge to clause 2-1(a) has succeeded, the said grievance does not survive. The petitioner’s consequential claim that his bid must necessarily be accepted is without merit. Plainly, no orders can be issued directing the respondents to award the tender to the petitioner pursuant to his bid furnished in response to the notification dated 14.08.2025, as the said notification has itself been withdrawn. - 13 - HC-KAR NC: 2026:KHC:10620-DB WP No. 1767 of 2026 C/W WP No. 33768 of 2025 16. In our view, no further orders are required to be passed in WP.No.33768/2025. 17. In view of our decision in WP.No.33768/2025, the petitioner's grievance in WP.No.1767/2026 does not survive. As noted above, the relief sought by the petitioner in WP No.1767/2026 is premised on the basis that his challenge to the rejection of his bid in WP.No.33768/2025 is pending. The said petition is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD, List No.: 1 Sl No.: 4