- 1 - HC-KAR NC: 2026:KHC:24262-DB WP No. 13327 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. 13327 OF 2026 (GM-MM_S) BETWEEN: SMT. LATHA. K W/O SANJEEV RAJU G AGED ABOUT 57 YEARS NO.144, 2ND MAIN, 4TH CROSS ROAD NAGAPPA BLOCK, SRIRRAMPURAM BENGALURU - 560 021. AND ALSO AT M/S. APOORVA ENTERPRISES 19/1, 2ND FLOOR, 1ST MAIN ROAD, 14TH CROSS, NEAR VYALIKAVAL GROUND, VYALIKAVAL BENGALURU - 560 003. …PETITIONER (BY SRI. VINAYAKA V S, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REP. BY ITS SECRETARY Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24262-DB WP No. 13327 of 2026 DEPT. OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, 1ST FLOOR DR. AMBEDKAR VEEDHI BENGALURU - 560 001 2. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF FORESTS, ECOLOGY AND ENVIRONMENT 4TH FLOOR, M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 3. THE DIRECTOR OF MINES AND GEOLOGY DEPT. OF MINES AND GEOLOGY KHANIJA BHAVAN, 5TH FLOOR RACE COURSE ROAD, BENGALURU-560 001. 4. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS ARANYA BHAVAN 18TH CROSS, MALLESHWARAM BENGALURU 560 003 5. UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF ENVIRONMENT FORESTS AND CLIMATE CHANGE PARYAVARAN BHAWAN CGGO COMPLEX, LODHIA ROAD NEW DELHI - 110 003. …RESPONDENTS (BY SRI. K.S. HARISH, GOVERNMENT ADVOCATE FOR R1 TO R4 MR. AJAY PAL SINGH, ADVOCATE FOR MS. ANUPARNA BORDOLOI, CGC FOR R5) - 3 - HC-KAR NC: 2026:KHC:24262-DB WP No. 13327 of 2026 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.2 AND 4 TO EXPEDITIOUSLY CONSIDER THE APPLICATION NO.AML 1286 DATED 12/08/2010 FILED BY THE PETITIONER UNDER ANNEXURE-A AND PASS SUITABLE ORDER TO GRANT MINING OF IRON ORE OVER AN AREA OF 74.20 HECTARES OF FOREST LAND AT KUMARASWAMY RANGE DHARAMAPURA, SANDUR TALUK, BELLARY DISTRICT IN ACCORDANCE WITH THE PROVISION OF MMDR (AMENDMENT) ACT, 2015. THIS PETITION, 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 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a public interest litigation, inter alia, praying that direction be issued to respondent Nos.2 to 4 to consider the petitioner's application dated 12.08.2010 for grant of a mining lease in respect of iron ore over an area of 74.20 Hectares of the forest land at Kumaraswamy Range Dharamapura, Sandur Taluk, Bellary District in accordance with the provisions with the Mines and Minerals (Development and - 4 - HC-KAR NC: 2026:KHC:24262-DB WP No. 13327 of 2026 Regulation) Amendment Act, 2015 [MMDR Amendment Act] in the interest of justice. 2. The petitioner filed an application No.AML 1286 for grant of mining lease in question. However, the State Government has not forwarded its recommendations to the Central Government for granting the mining lease. The learned counsel for the respondent submits that by virtue of the Mines and Minerals (Development and Regulation) Act, 1952 [MMDR Act] as amended by the MMDR Amendment Act, no mining lease can be granted for the specified mineral without the approval of the Central Government. He submits that the same would be possible only if the petitioner's application is processed and is recommended by the State. 3. By virtue of Section 10A of the MMDR Act, all applications received prior to the date of commencement of the Amendment Act, became ineligible. Thus, ex-facie the petitioner's application is no longer eligible to be considered. Notwithstanding the same, the learned counsel for the petitioner submits that the petitioner is covered under the exception is provided by virtue of the proviso to Section 10A(2)(c) of the MMDR Act. - 5 - HC-KAR NC: 2026:KHC:24262-DB WP No. 13327 of 2026 4. The said contention is insubstantial as the proviso refers to Section 10A(2)(b) of the MMDR Act, which concerns a case where an applicant has already been granted a reconnaissance permit or a prospecting licence. None of the exceptions as set out in Section 10A(2) are applicable. 5. Thus, the petitioner's application for mining lease is not saved from the rigours of Section 10A(1) of the MMDR Act. 6. The petition is accordingly dismissed. 7. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE Vmb List No.: 2 Sl No.: 25