- 1 - HC-KAR CNR: KAHC010544502026 NC: 2026:KHC:44628-DB WP No. 24501 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 24501 OF 2026 (GM-MM_S) BETWEEN: 1. MRS. SUJATHA UMESH C/O UMESH AGED ABOUT 51 YEARS R/AT # 269, 2ND CROSS ROAD UPKAR RESIDENCY NEAR ULLAL RTO BANGALORE NORTH KARNATAKA - 560 091 …PETITIONER (BY SRI. PRATHEEK R. SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY REP. BY ITS CHIEF SECRETARY M.S. BUILDING DR. AMBEDKAR ROAD BENGALURU - 560 001 2. DIRECTOR OF MINES AND GEOLOGY DEPARTMENT MINES AND GEOLOGY 49, KHANJIA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010544502026 NC: 2026:KHC:44628-DB WP No. 24501 of 2026 3. THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY 1 'D' CROSS, I BLOCK RAMAKRISHNA NAGAR (DATTAGALLI) SOUTHERN ZONE MYSURU - 570 022 4. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN BESIDE DISTRICT COLLECTOR OFFICE NEAR ZILLA PANCHAYATH K.M.ROAD, JYOTHI NAGAR CHIKKAMAGALURU KARNATAKA - 577 102 …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 IN THE NATURE OF MANDAMUS COMMANDING THE RESPONDENT No. 4 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 20.01.2025 (ANNEXURE-A), SEEKING THE BENEFIT OF DEEMED EXTENSION FOR A PERIOD OF THIRTY YEARS UNDER SUB-RUE(2) OF RULE 8-A OF THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2023 AND PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. The learned Government Advocate accepts notice for the respondents. - 3 - HC-KAR CNR: KAHC010544502026 NC: 2026:KHC:44628-DB WP No. 24501 of 2026 2. The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent No.4 (Senior Geologist) to consider his representation dated 20.01.2025 seeking the benefit of deemed extension for a further period of 10 years under Sub-rule (2) of Rule 8A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules] and pass appropriate orders. 3. Sub-rule (2) of Rule 8A of the KMMC Rules provides for the deemed extension of the lease or licence for a period of 30 years for non-specified minor minerals and 50 years for specified minor minerals subject to (i) establishment of mineral availability and workability of the quarry; and (ii) all terms and conditions of lease or licences having been complied with by the licensee. 4. In the present case, it is alleged that the petitioner is engaged in illegal quarrying and has extracted and transported 64,221 metric ton of building stone without paying royalty. The said allegation is premised on a report submitted by the Karnataka State Remote Sensing Applications Centre, Bengaluru. It is alleged that the petitioner has excavated 1,39,729 metric tons of building stone. - 4 - HC-KAR CNR: KAHC010544502026 NC: 2026:KHC:44628-DB WP No. 24501 of 2026 However, the DCB register indicates that only 75,508 metric tons had been transported by payment of royalty. 5. Respondent No.4 has issued a notice under Rule 44A of the KMMC Rules and called upon the petitioner to pay the amount of penalty of `30,77,558/- within a period of 180 days from the receipt of the said notice. 6. The learned Government Advocate submits that if the petitioner complies with the said notice − which is in the nature of opportunity to compound the illegal extraction and transportation of building stone − the petitioner's application for deemed extension would be considered without reference to the prior offence of illegal mining. 7. Since the said issue is outstanding, we consider it apposite to dispose of the present petition by directing the respondents to consider the petitioner's representation, subject to the conclusion of the issue regarding illegal mining. 8. In view of the statement made by the learned Government Advocate, we direct that in the event the petitioner complies with - 5 - HC-KAR CNR: KAHC010544502026 NC: 2026:KHC:44628-DB WP No. 24501 of 2026 the demand of penalty as set out in the notice dated 13.05.2026, the allegation of illegal mining would not impede the consideration of the petitioner's application for deemed extension favourably. 9. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 2 Sl No.: 6