- 1 - HC-KAR NC: 2026:KHC:24360-DB WP No. 9394 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH 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. 9394 OF 2026 (GM-MM-S) BETWEEN: 1. SRI SHASHIDHARA K.M. S/O MANJAPPA AGED ABOUT 47 YEARS OCC: BUSINESS POTHALAKATTE VILLAGE AND POST HARAPANAHALLI TALUK VIJAYANAGARA DISTRICT - 583 131 …PETITIONER (BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES M.S. BUILDING BENGALURU - 560 001 2. THE DIRECTOR MINES AND GEOLOGY DEPT. KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24360-DB WP No. 9394 of 2026 3. THE SENIOR GEOLOGIST DEPT. OF MINES AND GEOLOGY VIJAYANAGARA DISTRICT KHANIJA BHAVANA 7TH WARD, (SADASHIVANAGAR) M.P. PRAKASH NAGAR HOSAPETE - 583 201 4. THE CHIEF INSPECTOR/ THE DIRECTOR GENERAL OF MINES SAFETY (DGMS) MINISTRY OF LABOUR AND EMPLOYMENT BELLARY REGION NO.1 BELLARY - 583 104 …RESPONDENTS (SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 3 SRI H. SHANTHI BHUSHAN, DSGI FOR R-4 ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING THE RESPONDENT No.4 TO CONSIDER AND PASS ORDER ON THE REPRESENTATION DATED 23/28.01.2026 FILED BY THE PETITIONER FOR SEEKING APPOINTMENT OF NEW MINE MANAGER IN PLACE OF SRI LINGAIAH TO LOOKAFTER/ SUPERVISE THE QUARRY AREA OF THE PETITIONER BY EXERCISING THE POWERS CONFERRED UNDER SECTION 34 OF METALLIFEROUS MINES REGULATIONS 1961 IN THE ENDS OF JUSTICE AND EQUITY (ANNEXURE-D) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:24360-DB WP No. 9394 of 2026 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. The petitioner has filed the present petition, inter alia, praying as under: "(i) To issue a writ of mandamus or any other writ or direction, directing the respondent No.4 to consider and pass order on the Representation dated 23/28-01-2026 filed by the petitioner for seeking appointment of new Mine Manager in place of Sri. Lingaiah to Lookafter / Supervise the quarry area of the petitioner by exercising the powers conferred under Section 34 of Metalliferous Mines Regulations 1961 in the ends of justice and equity (Annexure-D). (ii) Issue a writ of mandamus or any other writ or direction, directing the respondent No.4 pursuant to Representation dated 23/28-01-2026 (Annexure-D) permit the petitioner under Section 17 of Mines Act, 1952 to appoint Sri. Imam Basha Meji as Mine Manager who is Mine Foreman's Certificate Holder to Lookafter / Supervise the quarry area of the petitioner in the ends of justice and equity." 2. The petitioner essentially seeks that Sri Imam Basha Meji be appointed as the Mine Manager in place of Sri Lingaiah under Section 34 of the Metalliferous Mines Regulations, 1961. 3. The learned Deputy Solicitor General of India appearing for respondent No.4 submits that any application for change in the - 4 - HC-KAR NC: 2026:KHC:24360-DB WP No. 9394 of 2026 Manager is required to be made online. He refers to a letter dated 26.01.2018, whereby it is directed that "all permissions, relaxations, and exemptions shall be accepted and dealt only by online mode from 01st November 2018 onwards". He submits that if a request/ application is made online in accordance with law, the same would be considered. 4. The learned counsel appearing for the petitioner submits that the present petition be disposed of with a liberty to the petitioner to make an online request/application. 5. The present petition is disposed of with the aforesaid liberty. 6. Needless to say that if an online application is made in accordance with the applicable law, the same would be considered. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.: 45