- 1 - HC-KAR CNR: KAHC010580842026 NC: 2026:KHC:47946-DB WP No. 26093 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 26093 OF 2026 (GM-MM_S) BETWEEN: 1. SRI CHIKKONU S/O. MALLANNA AGED ABOUT 60 YEARS R/AT KODISHETTIPURA VILLAGE K. SHETTIHALLI HOBLI JAKKANAHALLI POST SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 807 …PETITIONER (BY SRI. SRINIVAS V, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIKASA SOUDHA BENGALURU – 560 001 2. THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY SOUTHERN REGION MYSURU – 570 001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010580842026 NC: 2026:KHC:47946-DB WP No. 26093 of 2026 3. THE SENIOR GEOLOGIST / COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY MANDYA DISTRICT MANDYA - 571 430 …RESPONDENTS (BY SRI. .,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE … OF CONSTITUTION OF INDIA PRAYING To ISSUE A WRIT OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 13/03/2025 IN REVISION PETITION NO.288/2015 PASSED BY RESPONDENT NO.2, AT ANNEXURE-E AND CONSEQUENTLY, ALLOW REVISION PETITION NO.288/2015 FILED BY THIS PETITIONER 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. The petitioner has filed the present petition, inter alia, impugning an order dated 13.03.2025 passed by the Revisional Authority (Joint Director, Department of Mines and Geology, Mysuru) in Revision Petition No.228/2015. 2. The petitioner was granted a stone quarry lease over the land measuring 0.20 acres in Survey No.164 of Siddapura Village, Srirangapatna Taluk, Mandya District on 18.12.2007. The term of - 3 - HC-KAR CNR: KAHC010580842026 NC: 2026:KHC:47946-DB WP No. 26093 of 2026 the lease was 5 years, which expired on 17.12.2012. After expiry of the lease, the petitioner filed an application seeking renewal of the lease on 07.11.2014, which was dismissed by an order dated 14.09.2015 on the ground that it was filed beyond the period stipulated under Rule 21 of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules]. Thereafter, the petitioner filed a revision petition (R.P No.228/2015) on 23.09.2015. The said revision petition was dismissed by an order dated 13.03.2025, which is impugned in the present petition. The principal ground for rejecting the petitioner's application for renewal of the lease was that it was filed belatedly. 3. Sub-rule (2) of Rule 21 of the KMMC Rules as was in force at the material time required that the application for renewal be filed on or before 90 days before the expiry of the lease along with a certificate for having cleared the arrears. Admittedly, the application was filed after the lease had expired. Therefore, the decision of the concerned authority to reject the said application cannot be faulted. 4. The learned counsel appearing for the petitioner referred to the proviso to Sub-rule (2) of Rule 21 of the KMMC Rules, inserted - 4 - HC-KAR CNR: KAHC010580842026 NC: 2026:KHC:47946-DB WP No. 26093 of 2026 by a notification dated 16.12.2013, and submitted that the application for renewal could be considered even beyond the stipulated period on payment of penalty. 5. Proviso to Sub-rule (2) of Rule 21 of the KMMC Rules which was inserted by a notification dated 16.12.2013 with effect from the said date reads as under: “Provided further where the application for renewal has been received after the period prescribed in sub-rule (2), it shall be entertained on the payment of the penalties specified below:- Sl. No. Period of delay Amount of penalty 1. Upto one month 10% of the existing annual dead rent subject to a minimum of Rs.2000.00 2. Upto two months 15% of the existing annual dead rent subject to a minimum of Rs.3000.00 3. More than 2 months but before expiry of lease 25% of the existing annual dead rent subject to a minimum of Rs.4000.00 Provided that any renewal applications received after expiry of the above period shall be rejected.” 6. The said proviso is inapplicable for two reasons. First that the same is introduced with effect from 16.12.2013 and may not have any retrospective operation. And, second that a plain reading - 5 - HC-KAR CNR: KAHC010580842026 NC: 2026:KHC:47946-DB WP No. 26093 of 2026 of the proviso indicates that it contemplates entertaining a renewal application which has been filed belatedly but, before the expiry of the lease. The tabular statement under the proviso clearly indicates the maximum penalty of 25% of the existing annual dead rent, subject to a minimum of `4,000/-, in the event the delay is more than two months but before the expiry of the lease. The proviso does not contemplate a levy of penalty after the lease has expired. The second proviso to the rule also expressly states that a renewal application received after the expiry of the lease period would be rejected. 7. The petitioner's revision petition was rejected both on merits as well as for the reason that the petitioner, who was present before the revisonal authority, had requested that the same be dismissed. The learned counsel appearing for the petitioner submits that the petitioner had made no such request. While we have our reservations in accepting the said contention, we note that it is not necessary to do so. The revision application has been rejected not only on the ground that the petitioner requested so, but also on merits. - 6 - HC-KAR CNR: KAHC010580842026 NC: 2026:KHC:47946-DB WP No. 26093 of 2026 8. As noted above, we find no fault in the concerned authority rejecting the petitioner's application for renewal, as it was filed belatedly. 9. The petition is, accordingly, dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 2 Sl No.: 6