- 1 - HC-KAR CNR: KAHC010576322026 NC: 2026:KHC:46980-DB WA No. 1963 of 2026 C/W WA No. 1967 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1963 OF 2026 (GM-RES) C/W WRIT APPEAL NO. 1967 OF 2026 (GM-RES) IN WA No. 1963/2026 BETWEEN: 1. M/S GANAPATHI STONE CRUSHER REPRESENTED BY ITS PROPRIETOR SRI S.T. RAMESH AGED ABOUT 50 YEARS R/AT. #70, DEVAMACHOHALLI TAVAREKERE, BENGALURU SOUTH BENGALURU - 562 130 …APPELLANT (BY SRI MAHESHKIRAN SHETTY S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY THE PRINCIPAL SECRETARY Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010576322026 NC: 2026:KHC:46980-DB WA No. 1963 of 2026 C/W WA No. 1967 of 2026 2. THE DIRECTOR DEPARTMENT OF COMMERCE AND INDUSTRIES KANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 3. THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY V. V. TOWER BENGALURU - 560 001 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO PASS AN ORDER TO SET ASIDE THE JUDGMENT PASSED BY THE LEARNED SINGLE JUSGE FO THIS HON'BLE COURT IN WRIT PETITION No.7201/2025 DATED 01.04.2026 CONSEQUENTLY ALLOW THE WRIT PETITION No. 7201/2025 AND GRANT THE RELIEFS SOUGHT FOR IN THE WRIT PETITION No. 7201/2025 & ETC. IN WA NO. 1967/2026 BETWEEN: 1. M/S GANAPATHI ENTERPRISES REPRESENTED BY ITS PROPRIETOR SRI. S. T. KUBERASWAMY AGED ABOUT 56 YEARS R/AT. #70, DEVAMACHOHALLI TAVAREKERE - 3 - HC-KAR CNR: KAHC010576322026 NC: 2026:KHC:46980-DB WA No. 1963 of 2026 C/W WA No. 1967 of 2026 BENGALURU SOUTH BENGALURU - 562 130 ...APPELLANT (BY SRI MAHESHKIRAN SHETTY S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY THE PRINCIPAL SECRETARY 2. THE DIRECTOR DEPARTMENT OF COMMERCE AND INDUSTRIES KANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 3. THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY V. V. TOWER BENGALURU - 560001 ...RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) - 4 - HC-KAR CNR: KAHC010576322026 NC: 2026:KHC:46980-DB WA No. 1963 of 2026 C/W WA No. 1967 of 2026 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO PASS AN ORDER TO SET ASIDE THE JUDGEMENT PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION NO.7052/2025 DATED 01/04/2026 CONSEQUENTLY ALLOW THE WRIT PETITION NO.7052/2025 AND GRANT THE RELIEFS SOUGHT FOR IN THE WRIT PETITION NO.7052/2025 & ETC. THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the affidavits accompanying the applications, I.A.No.1/2026 in both the appeals, the same are allowed and the delay of 71 days in filing W.A.No.1963/2026 and the delay of 76 days in filing W.A.No.1967/2026 are condoned. 2. The appellants have filed these appeals impugning a common order dated 01.04.2026 [impugned order] passed by the learned Single Judge in W.P.No.35983/2025 (GM-RES) and other connected matters. 3. W.A.No.1963/2026 and W.A.No.1967/2026 arise from W.P.No.7201/2025 and W.P.No.7052/2025 respectively. The - 5 - HC-KAR CNR: KAHC010576322026 NC: 2026:KHC:46980-DB WA No. 1963 of 2026 C/W WA No. 1967 of 2026 appellants (writ petitioners) had filed their respective writ petitions, inter alia, impugning the circulars dated 17.01.2023 and 03.03.2023 issued by respondent No.2 (Director, Department of Commerce and Industries). The appellants also impugned notices dated 25.04.2023 issued by respondent No.4 (Senior Geologists, Department of Mines and Geology). Additionally, the appellants prayed that appropriate orders be issued to create a check post on certain entry points of the State of Karnataka. 4. The appellants are essentially aggrieved by the decision requiring all the secondary mineral and main mineral transportation vehicles, lorries and tippers in the State to be compulsorily registered with ‘One State One GPS’ software. In terms of the impugned circular dated 17.01.2023, it was decided that only vehicles, which are registered with the said software of the Department of Mines and Geology would be issued permits for transporting minerals. Each such vehicle is also required to be installed with a AIS-140-certified GPS device. In terms of the impugned circular dated 03.03.2023, it was decided to impose a `100/- as one time registration fee; and `500/- for annual maintenance cost for registration of the vehicles transporting - 6 - HC-KAR CNR: KAHC010576322026 NC: 2026:KHC:46980-DB WA No. 1963 of 2026 C/W WA No. 1967 of 2026 minerals. The writ petitioners' challenge the impugned circulars and impugned notices as being discriminatory. The writ petitioners contended that since the vehicles entering from other states are not required to be fitted with GPS devices, the mandatory requirement for the vehicles registered within the State to have a GPS device violates Article 14 of the Constitution. 5. The learned Single Judge had examined the material on record and found that GPS-based system enables validation of routes from the point of extraction (pithead) to the destination; generation of automatic alerts in the event of deviation or unauthorised stoppage; and prevention of diversion of mineral consignments to illegal destinations or non-leased areas. It is apparent that the introduction of GPS tracking system for vehicles and its integration with 'One State One GPS' software, is aimed at addressing the issue of illegal mining, misuse of permits and leakage of revenue. The learned Single Judge had also observed that regulatory frameworks of this nature are normally implemented in a phased and progressive manner and the mere fact that certain inter-State vehicles from neighboring states are not fully - 7 - HC-KAR CNR: KAHC010576322026 NC: 2026:KHC:46980-DB WA No. 1963 of 2026 C/W WA No. 1967 of 2026 synchronized with the system at this stage, would not amount to hostile discrimination. 6. We find no merit in the challenge to the policy of the State to introduce a GPS tracking system for the vehicles used for carrying minerals. As noted above, the decision to introduce and implement tracking of vehicles by making it mandatory to install GPS devices linked with a software is to effectively track and monitor the transportation of minerals by making use of the available technological tools. We are unable to accept that the said policy or its implementation falls foul of Article 14 of the Constitution of India. 7. The appellants' contention that the impugned circulars and notices suffer from hostile discrimination, is also without merit. As noticed by the learned Single Judge, the implementation of such regulatory systems are normally done in phases. Merely because at this stage, the said system does not cover other inter-State vehicles does not invalidate the impugned circulars. 8. It is also contended that Rules 43(1), 43(4) and Rule 44 of the Karnataka Minor Mineral Concession Rules, 1994 [Rules, 1994] constitute complete code and therefore, no measures other - 8 - HC-KAR CNR: KAHC010576322026 NC: 2026:KHC:46980-DB WA No. 1963 of 2026 C/W WA No. 1967 of 2026 than those specified in the Rules, 1994 can be implemented. We find no merit in this contention as well. 9. Rule 43 of the Rules, 1994 provides for establishment of check post for erection of barriers for checking the transportation of minerals. However, there is no basis to contend that no other measures other than those specified under Rule 43 of the Rules, 1994 can be implemented. The learned Single Judge has elaborately dealt with all contentions as advanced by the writ petitioners and we concur with the said decision. In this view, the present appeals are dismissed. 10. In view of the dismissal of the appeals, pending interlocutory applications also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KPS List No.: 1 Sl No.: 21