- 1 - HC-KAR NC: 2026:KHC:19228-DB WP No. 10626 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 10626 OF 2026 (GM-MM-S) BETWEEN: 1. RAJAPPA AGED ABOUT 41 YEARS S/O CHIKKARAPPA R/AT DANAVAHALLI VILLAGE CHAKARASANAHALLI POST NARASAPURA HOBLI, KOLAR TALUK KOLAR DISTRICT - 563 133 …PETITIONER (BY SRI RAVEENDRA GAJANAN KOLLE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY ROOM NO. 320, VIDHAN SOUDHA BENGALURU - 560 001 2. THE SECRETARY TO GOVT., DEPT. OF COMMERCE AND INDUSTRIES (MINES) ROOM NO. 135, VIKASA SOUDHA BENGALURU - 560 001 3. THE DIRECTOR AND COMMISSIONER DEPT. OF MINES AND GEOLOGY KHANIJ BHAVAN, RACE COURSE ROAD Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19228-DB WP No. 10626 of 2026 BENGALURU BENGALURU - 560 001 4. THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY DEPARTMENT OF MINES GEOLOGY ROOM NO. S3 AND S3A, 2ND FLOOR ZILLA ADALITH BHAVAN, KUMBARAHALLI KOLAR DISTRICT - 563 103 5. THE DISTRICT TASK FORCE COMMITTEE (MINES), KOLAR DISTRICT, REP. BY ITS CHAIRMAN THE DEPUTY COMMISSIONER KUMBARAHALLI, MULABAGAL ROAD, NH-75 KOLAR - 563 101 6. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KUMBARAHALLI MULABAGAL ROAD, NH-75 KOLAR - 563 101 7. THE ASSISTANT COMMISSIONER KOLAR REVENUE SUB-DIVISION NEAR COURT CIRCLE KOLAR - 563 101 …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 MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING THE 4TH RESPONDENT DEPUTY DIRECTOR TO PROCESS THE PETITIONERS QUARRY LEASE APPLICATION DATED 04/12/2025 PRODUCED AT ANENXURE-A, STRICTLY IN ACCORDANCE WITH RULE 3-F OF THE KMMC RULES, 1994, BY PLACING THE SAME BEFORE 5TH RESPONDENT DISTRICT TASK - 3 - HC-KAR NC: 2026:KHC:19228-DB WP No. 10626 of 2026 FORCE (MINES) COMMITTEE IN ITS NEXT MONTHLY MEETING AS ALSO OBTAIN REQUISITE OPINION OR CLEARANCES FROM CONCERNED DEPARTMENTAL OFFICERS, INCLUDING JOINT INSPECTION IN A TIME-BOUND PERIOD AND FURNISH THE SAME THROUGH 6TH RESPONDENT DEPUTY COMMISSIONER WITHOUT INSISTING UPON THE PETITIONER TO PROCURE SUCH NO OBJECTION CERTIFICATE/OPINION AND 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. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. 2. The learned Additional Government Advocate accepts notice. 3. The petitioner has filed the present petition, inter alia, praying as under: "A. Issue a writ of Mandamus or any other order of direction directing the 4th Respondent Deputy Director to process the Petitioner's Quarry Lease Application dated 04.12.2025 produced at ANNEXURE-A, strictly in accordance with Rule 3-F of the KMMC Rules, 1994, by placing the same before 5th Respondent District - 4 - HC-KAR NC: 2026:KHC:19228-DB WP No. 10626 of 2026 Task Force (Mines) Committee in its next monthly meeting as also obtain requisite opinion or clearances from concerned Departmental Officers, including Joint Inspection in a time-bound period and furnish the same through 6th Respondent Deputy Commissioner without insisting upon the Petitioner to procure such No Objection Certificate/Opinion; and/or B. Pass any such other Orders as this Hon'ble Court deems as fit and proper to meet the ends of justice." 4. The petitioner claims that he belongs to the Scheduled Caste (Bhovi community) and his livelihood depends on quarrying of building stones by manual and traditional methods. He applied for a grant of a quarry lease to extract ordinary building stones (Application No.181 dated 04.12.2025) over a land measuring 2 acres comprising Survey No.2 of Danavalli Village in Kolar Taluk, under Rule 3-F of the Karnataka Minor Mineral Concessions Rules, 1994 [KMMC Rules]. However, the said application has not been considered. The petitioner is aggrieved by the delay in considering his application. 5. The petitioner had filed the writ petition, being WP.No.1961/2026, inter alia, praying for directions to issue NOCs that had not been issued. The said petition was disposed of by an order dated 02.02.2026, recording the respondents' submission - 5 - HC-KAR NC: 2026:KHC:19228-DB WP No. 10626 of 2026 that the petitioner's request would be forwarded to the Deputy Director and considered on its own merits. 6. This Court is informed that the NOCs have since been issued. 7. It is now the petitioner's case that there is no procedure for issuance of a separate NOCs. He relies on sub-rule (6) of Rule 3F of the KMMC Rules. Sub-rule (1), (2) and 6 of Rule 3F is reproduced below: "3-F. Exemption of certain rules in case of ordinary building stone.-(1) Notwithstanding anything contrary contained in Chapter IV-A, quarry leases of extent five acres and below in case of individuals and 10 acres and below in case of Registered societies having all the members belonging to the Schedule Caste or Schedule Tribes or having all members who are traditional quarry operators and whose livelihood is dependent on quarrying for ordinary building stone in the lands belonging to the State Government, shall be allotted following procedure prescribed under this rule. (2) Blocks of ten acres and below identified by the jurisdictional Deputy Director or Senior Geologist shall be notified by him, after approval in the District Task Force Committee, in any two newspapers having wide circulation, of which at least one shall be in Kannada, inviting applications for grant of quarry lease specifying the area available for grant of quarrying lease, reservation of the block and its location with boundaries: - 6 - HC-KAR NC: 2026:KHC:19228-DB WP No. 10626 of 2026 Provided that such notification shall be published at least thirty days prior to the last date for receiving such applications. (3) *** *** *** (4) *** *** *** (5) *** *** *** (6) Without prejudice to sub-rule (5) above, quarrying lease shall be granted under this rule to eligible applicant by way of lottery, if more than one application is received amongst the categories specified in sub-rule (4) above." 8. It is apparent from the plain reading of the aforesaid Rule that the opinion of the concerned Department, as specified in Rule 8(5) of the KMMC Rules, is required to be obtained at the monthly meetings of the District Task Force (Mines) Committee. We may note that the provisions under Rule 3(F) concern exemption from certain rules in case of ordinary building stones. This is a special provision that establishes a fast-track procedure requiring the requisite opinions to be placed before the District Task Force (Mines) Committee. This is a departure from the procedure of - 7 - HC-KAR NC: 2026:KHC:19228-DB WP No. 10626 of 2026 different authorities seeking communications for issuance of 'No Objection Certificate' as required under Rule 8(5). By virtue of Sub-rule 6 of Rule 3F, separate communications eliciting or communicating NOCs are not necessary. Once the application has been set down for consideration at the monthly meeting of the District Task Force (Mines) Committee, which includes representatives of all Departments, the necessary opinions must be communicated at that meeting. This would facilitate an immediate decision. 9. In view of the above, we direct the respondents to ensure that the petitioner's application is placed before the District Task Force (Mines) Committee at the ensuing meeting. 10. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 2 Sl No.: 11