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2026 DAILYLAW 5312 (KAR)

M/S ODOOR BIO PRODUCTS v. STATE OF KARNATAKA

WP/14076/2026 · 2026-04-30

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS 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. 14076 OF 2026 (GM-MM_S) C/W WRIT PETITION NO. 14099 OF 2026 (GM-MM_S) WRIT PETITION NO. 14128 OF 2026 (GM-MM_S) WRIT PETITION NO. 14212 OF 2026 (GM-MM_S) WRIT PETITION NO. 14242 OF 2026 (GM-MM_S) WRIT PETITION NO. 14252 OF 2026 (GM-MM_S) WRIT PETITION NO. 14257 OF 2026 (GM-MM_S) WRIT PETITION NO. 14267 OF 2026 (GM-MM_S) IN WP No. 14076/2026 BETWEEN: M/S ODOOR BIO PRODUCTS REGD. UNDER THE PARTNERSHIP ACT REPRESENTED BY ITS PARTNER UNNATH R NAIK, AGED ABOUT 28 YEARS, NO.2/66, TENKA YEDAPADAVU, GANJIMATA, MANGALURU TALUK, DAKSHINA KANNADA-574265 …PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR ADVOCATE A/W Digitally signed by NIRMALA DEVI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS SRI. SAMARTH SHREEDHAR, ADVOCATE AND SRI. ADOORYA BOMAKKA HARISH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 2. SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, GROUND FLOOR, PRAJASUDHA LAYOUT, PADIL- MANGALORE. -574265 …RESPONDENTS (BY SRI. K.S HARISH, GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DECLARING TO PASS APPROPRIATE ORDERS TO UNLOCK THE ILMS PORTAL IN RESPECT OF THE PETITIONERS LEASE AND PERMIT THE PETITIONER TO GENERATE PERMITS TO FACILITATE THE TRANSPORTATION OF THE LATERITE IN RESPECT OF THE LEASE BEARING NO.DSKNS-462 DATED 20/12/2025 (ANNEXURE-F). IN WP NO. 14099/2026 BETWEEN: M/S. ODOOR BIO PRODUCTS REGD. UNDER THE PARTNERSHIP ACT REPRESENTED BY ITS PARTNER UNNATH R NAIK, AGED 28 YEARS, - 3 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS NO.2/66, TENKA YEDAPADAVU, GANJIMATA, MANGALURU TALUK, DAKSHINA KANNADA-574265 ...PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR ADVOCATE A/W SRI. SAMARTH SHREEDHAR, ADVOCATE AND SRI. ADOORYA BOMAKKA HARISH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 2. SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, GROUND FLOOR, PRAJASUDHA LAYOUT, PADIL- MANGALORE. -574265 ...RESPONDENTS (BY SRI. K.S HARISH, GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DECLARING TO PASS APPROPRIATE ORDERS TO UNLOCK THE ILMS PORTAL IN RESPECT OF THE PETITIONERS LEASE AND PERMIT THE PETITIONER TO GENERATE PERMITS TO FACILITATE THE TRANSPORTATION OF THE LATERITE IN RESPECT OF THE LEASE BEARING NO.DSKNS409 DATED 13/07/2021 (ANNEXURE-F) - 4 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS IN WP NO. 14128/2026 BETWEEN: MOHAMMAD RIYAZ S/O K ABDUL KHADER AGED ABOUT 43 YEARS, KODIJAL HOUSE, KONAJI POST, MANGALURU TALUK- 574199 ...PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR ADVOCATE A/W SRI. SAMARTH SHREEDHAR, ADVOCATE AND SRI. ADOORYA BOMAKKA HARISH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 2. SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, GROUND FLOOR, PRAJASUDHA LAYOUT, PADIL- MANGALORE-574 199. ...RESPONDENTS (BY SRI. K.S HARISH, GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DECLARING TO PASS APPROPRIATE ORDERS TO UNLOCK THE ILMS PORTAL IN RESPECT OF THE PETITIONERS LEASE AND PERMIT THE PETITIONER TO GENERATE PERMITS TO FACILITATE THE TRANSPORTATION OF THE LATERITE IN RESPECT OF - 5 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS THE LEASE BEARING NO.DSKNS438 DATED 18/05/2023 (ANNEXURE-F). IN WP NO. 14212/2026 BETWEEN: M/S. REDSTONE TRADING CORPORATION REGD. UNDER THE PARTNERSHIP ACT REPRESENTED BY ITS PARTNER MOHD. FAYAZ, AGED ABOUT 40 YEARS, D. NO. 1-53, M S COMPLEX, MUDIPU, KARNAD POST, BANTWAL - 574265. ...PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR ADVOCATE A/W SRI. SAMARTH SHREEDHAR, ADVOCATE AND SRI. ADOORYA BOMAKKA HARISH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 2. SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, GROUND FLOOR, PRAJASUDHA LAYOUT, PADIL- MANGALORE. 575007 ...RESPONDENTS (BY SRI. K.S HARISH, GOVERNMENT ADVOCATE) - 6 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DECLARING TO PASS APPROPRIATE ORDERS TO UNLOCK THE ILMS PORTAL IN RESPECT OF THE PETITIONERS LEASE AND PERMIT THE PETITIONER TO GENERATE PERMITS TO FACILITATE THE TRANSPORTATION OF THE LATERITE IN RESPECT OF THE LEASE BEARING NO.DKD-399 DATED 13/12/2018 ANNEXURE-F. IN WP NO. 14242/2026 BETWEEN: M/S. REDSTONE TRADING CORPORATION REGD. UNDER THE PARTNERSHIP ACT REPRESENTED BY ITS PARTNER MOHD. FAYAZ, AGED ABOUT 40 YEARS, D. NO. 1-53, M S COMPLEX, MUDIPU, KARNAD POST, BANTWAL - 574231. ...PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR ADVOCATE A/W SRI. SAMARTH SHREEDHAR, ADVOCATE AND SRI. ADOORYA BOMAKKA HARISH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 2. SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, GROUND FLOOR, PRAJASUDHA LAYOUT, - 7 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS PADIL- MANGALORE. 575007 ...RESPONDENTS (BY SRI. K.S HARISH, GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DECLARING TO PASS APPROPRIATE ORDERS TO UNLOCK THE ILMS PORTAL IN RESPECT OF THE PETITIONERS LEASE AND PERMIT THE PETITIONER TO GENERATE PERMITS TO FACILITATE THE TRANSPORTATION OF THE LATERITE IN RESPECT OF THE LEASE BEARING NO.DSKNS458 DATED 08.12.2025 (ANNEXURE-F). IN WP NO. 14252/2026 BETWEEN: M/S ODOOR BIO PRODUCTS REGD. UNDER THE PARTNERSHIP ACT REPRESENTED BY ITS PARTNER UNNATH R NAIK, AGED ABOUT 28 YEARS, NO.2/66, TENKA YEDAPADAVU, GANJIMATA, MANGALURU TALUK, DAKSHINA KANNADA-574265 ...PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR ADVOCATE A/W SRI. SAMARTH SHREEDHAR, ADVOCATE AND SRI. ADOORYA BOMAKKA HARISH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. - 8 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS 2. SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, GROUND FLOOR, PRAJASUDHA LAYOUT, PADIL- MANGALORE. -574265 ...RESPONDENTS (BY SRI. K.S HARISH, GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DECLARING TO PASS APPROPRIATE ORDERS TO UNLOCK THE ILMS PORTAL IN RESPECT OF THE PETITIONERS LEASE AND PERMIT THE PETITIONER TO GENERATE PERMITS TO FACILITATE THE TRANSPORTATION OF THE LATERITE IN RESPECT OF THE LEASE BEARING NO.DSKNS437 DATED 06.04.2023 (ANNEXURE-E). IN WP NO. 14257/2026 BETWEEN: M/S. REDSTONE TRADING CORPORATION REGD. UNDER THE PARTNERSHIP ACT REPRESENTED BY ITS PARTNER MOHD. FAYAZ, AGED ABOUT 41 YEARS, D. NO. 1-53, M S COMPLEX, MUDIPU, KARNAD POST, BANTWAL - 574265. ...PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR ADVOCATE A/W SRI. SAMARTH SHREEDHAR, ADVOCATE AND SRI. ADOORYA BOMAKKA HARISH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, - 9 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS RACE COURSE ROAD, BENGALURU-560001. 2. SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, GROUND FLOOR, PRAJASUDHA LAYOUT, PADIL- MANGALORE. 575007 ...RESPONDENTS (BY SRI. K.S HARISH, GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DECLARING TO PASS APPROPRIATE ORDERS TO UNLOCK THE ILMS PORTAL IN RESPECT OF THE PETITIONERS LEASE AND PERMIT THE PETITIONER TO GENERATE PERMITS TO FACILITATE THE TRANSPORTATION OF THE LATERITE IN RESPECT OF THE LEASE BEARING NO.DSKNS451 DATED 08.01.2024 (ANNEXURE-F). IN WP NO. 14267/2026 BETWEEN: MOHAMMAD RIYAZ S/O K ABDUL KHADER AGED ABOUT 43 YEARS, KODIJAL HOUSE, KONAJI POST, MANGALURU TALUK- 574199 ...PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR ADVOCATE A/W SRI. SAMARTH SHREEDHAR, ADVOCATE AND SRI. ADOORYA BOMAKKA HARISH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, - 10 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 2. SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, GROUND FLOOR, PRAJASUDHA LAYOUT, PADIL- MANGALORE 574199 ...RESPONDENTS (BY SRI. K.S HARISH, GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DECLARING TO PASS APPROPRIATE ORDERS TO UNLOCK THE ILMS PORTAL IN RESPECT OF THE PETITIONERS LEASE AND PERMIT THE PETITIONER TO GENERATE PERMITS TO FACILITATE THE TRANSPORTATION OF THE LATERITE IN RESPECT OF THE LEASE BEARING NO.DSKNS439 DATED 18.05.2023 (ANNEXURE-D). THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 11 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. These petitions have been filed by the petitioners who have been granted quarry lease for quarrying laterite. The petitioners have a common grievance that their ILMS code has been blocked and therefore, they are now disabled from transporting laterite mined by them. The tabular statement setting out the particulars of the respective leases granted to the petitioners is set out below:- Case No. Party/ License holder License no. Extent duration WP 14076/2026 Odoor Bio Products License bearing no. DSKNS 462 Dt. 20.12.2025 2.60 acres 5 years WP 14099/2026 Odoor Bio Products License bearing no. DSKNS 409 Dt. 13.07.2021 5 acres 20 years WP 14128/2026 Mohammad Riyaz License bearing no. DSKNS 438 Dt. 31.5.2023 2.07 acres 5 years WP 14212/2026 Redstone License bearing no. DKD 399 Dt. 13.12.2018 4.2 acres 20 years WP 14242/2026 Redstone License bearing no. DSKNS458 Dt. 8.12.2025 2.05 acres 5 years WP 14252/2026 Odoor Bio Products License bearing no. DKD 437 Dt. 6.04.2023 2.50 acres 10 years - 12 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS WP 14257/2026 Redstone License bearing no. DSKNS451 Dt. 8.1.2024 7.30 acres 10 years WP 14267/2026 Mohammad Riyaz License bearing no. DSKNS 439 Dt. 18.5.2023 1.4 acres 5 years 2. The learned Additional Government Advocate appearing for the respondents submits that the respective ILMS codes of the petitioners have been temporarily blocked is on account of controversy regarding the classification of the mineral that is available in the leased area. He submits that there is no issue in mining laterite if the mineral in the leased area is laterite, the petitioners can carry on their mining activities. However, if the mineral is aluminous laterite, that is laterite containing aluminous content of more than 30% or if on account of the chemical composition the mineral is classified as bauxite, which is a major mineral, the mining activity cannot be carried on. This is because in this eventuality, no mining lease could have been granted to the petitioners without the approval of the Central Government in view of the MMDR Act. 3. He however, concedes that no samples have been drawn as yet and no decision has been taken in this regard. - 13 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS 4. In our view, since the petitioners are having valid leases, they cannot be interdicted from carrying on mining activities till the respondents come to a firm decision that the mineral available, which is being quarried, is a major mineral. As stated above, the same depends on the content of Al2O3, and the chemical composition of the available mineral. 5. In view of the above, we consider it apposite to direct the respondents to restore the petitioners' ILMS access. The respondents shall have the liberty to take samples to ascertain the aluminous content and the chemical composition of minerals from the various places in the leased area for the purposes of analysis. The respondents shall, thereafter taken an informed decision after affording the petitioners an opportunity to be heard. 6. We clarify that, if the concerned authorities come to the conclusion, on the basis of the chemical composition, that the mineral in question is a major mineral, they are at liberty to close the ILMS access and take such further steps as warranted in accordance with law. - 14 - HC-KAR NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS 7. All rights and contentions of the parties are reserved. The petitions are disposed of with the aforesaid observations. 8. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE Vmb List No.: 2 Sl No.: 27