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2026 DAILYLAW 44026 (KAR)

SHRI R SHIVAKUMAR v. THE STATE OF KARNATAKA

WP/26382/2026 · 2026-09-30

K S Hemalekha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010586462026 NC: 2026:KHC:54250-DB WP No. 26382 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH 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. 26382 OF 2026 (GM-MM-S) BETWEEN: 1. SHRI R. SHIVAKUMAR SON OF LATE A. RAJU AGED ABOUT 50 YEARS MURUGAN COLONY KADUR TOWN CHIKAMAGALURU DISTRICT – 577 548 …PETITIONER (BY SRI MAHENDRA S.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU – 560 001 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN NO.49, RACE COURSE ROAD BENGALURU – 560 001 Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010586462026 NC: 2026:KHC:54250-DB WP No. 26382 of 2026 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY CHIKKAMAGALURU DISTRICT CHIKAMGALURU – 577 101 …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 CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DECLARING THE GOVERNMENT OF KARNATAKA NOTIFICATION NO. CI-MMN/48/2024 DATED 30.12.2024 PRODUCED AT ANNEXURE-A - THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2024, INSOFAR AS IT INSERTS THE CONDITION THAT “AND ALSO SUBJECT TO THE CONDITION THAT RENEWAL APPLICATION FOR THE EXPIRED LEASE HAD BEEN MADE BY THE LESSEE WITHIN STIPULATED TIME” AS ULTRA VIRES, VIOLATIVE OF ARTICLES 14 AND 19(1)(g) OF THE CONSTITUTION OF INDIA, ARBITRARY, UNREASONABLE AND CONSEQUENTLY STRIKE DOWN THE SAID AMENDMENT/CONDITION & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010586462026 NC: 2026:KHC:54250-DB WP No. 26382 of 2026 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 learned counsel appearing for the petitioner submits that the issue involved in the present petition is covered against the petitioner by a decision of this Court in W.P.No.9097/2026 (GM- MM-S) captioned as M.N.Sathish v. The State of Karnataka and Others1. 2. The petition is dismissed in terms of the orders passed by this Court in M.N.Sathish (supra). Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KMV List No.: 2 Sl No.: 3 1 NC: 2026:KHC:37624-DB