- 1 - HC-KAR NC: 2026:KHC:24793-DB WP No. 15608 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MAY, 2026 PRESENT THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.15608 OF 2026 (GM-MM_S) BETWEEN: SRI. UMESH SALIAN AGED ABOUT 57 YEARS, S/O BABU BENCHADA, R/AT NO.1-253/2, BENCHANAPADAVU POST, AMUNJE VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA-574 219. …PETITIONER (BY SRI. VIKRAM HUILGOL, SENIOR COUNSEL A/W MS. VEENA T.N.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001. 2. THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, GROUND FLOOR, PRAJASUDHA LAYOUT, PADIL, MANGALORE DAKSHINA KANNADA-574 265. …RESPONDENTS (BY SRI.MOHAMMAD JAFFAR SHAH, AGA) Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24793-DB WP No. 15608 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO RESTORE THE ILMS ACCESS TO THE PETITIONER AND FACILITATE MINERAL DISPATCH PERMIT IN RESPECT OF PETITIONERS QUARRY LEASE No. DSKNS435, VIDE ANNEXURE-B, IN TERMS OF THE JUDGMENT OF THIS HONBLE COURT IN WP No.14076/2026 AND CONNECTED MATTER VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER (PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Petitioner herein is before this Court seeking for the following reliefs: "A. Issue writ of mandamus directing the Respondents to restore the ILMS access to the Petitioner and facilitate Mineral Dispatch Permit in respect of Petitioner's quarry lease No.DSKNS435, vide ANNEXURE-B, in terms of the judgement of this Hon'ble Court in W.P.No.14076/2026 and connected matter vide ANNEXURE-A, in the interest of justice and equity. B. Pass such other writ or order as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity". 2. The lis in the present matter has already been considered and decided by a Co-ordinate bench, vide - 3 - HC-KAR NC: 2026:KHC:24793-DB WP No. 15608 of 2026 its order dated 30.04.2026 in WP No.14076/2026 and connected matters. Wherein the Co-ordinate Bench has categorically held that until there is a evaluation of the composition of the mineral which is made and it is ascertained that aluminous content is more than 30%, there could not be any restriction which could be imposed as that done by the circular impugned in the present matter. The Co-ordinate Bench has clarified that, if the concerned authorities come to the conclusion on the basis of the chemical composition that the mineral in question is a major mineral, then they are at liberty to close the ILMS access and take such further steps as warranted in accordance with law and left all the rights and contentions of the parties open. 3. The said decision would be equally applicable to the present matter. Reserving liberty to the respondents to conduct a composition analysis of the mineral as indicated in the order dated 30.04.2026 in WP - 4 - HC-KAR NC: 2026:KHC:24793-DB WP No. 15608 of 2026 No.14076/2026 and other connected matters, the above petition stands disposed of. 4. It is needless to say, the respondents are directed to re-open the ILMS to facilitate the access of the petitioner to the ILMS until the above actions are completed by the respondents. SD/- (SURAJ GOVINDARAJ) JUDGE SD/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 51