Full Judgment
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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. 13767 OF 2026 (GM-MM-S) BETWEEN:
1. MANJUNATH N
S/O NARAYANAPPA AGED ABOUT 28 YEARS R/AT SONNENAHALLI VILLAGE CHAKARASANAHALLI POST NARASAPURA HOBLI KOLAR TALUK KOLAR DISTRICT - 563 133 …PETITIONER (BY SRI RAVEENDRA GAJANAN KOLLE, ADVOCATE & SRI RAJESH BHAT, ADVOCATE)
Digitally AND: signed by VEERENDRA KUMAR K M 1. THE STATE OF KARNATAKA Location: REP. BY ITS CHIEF SECRETARY High Court of Karnataka ROOM NO. 320, VIDHAN SOUDHA BENGALURU - 560 001
2. THE SECRETARY TO GOVT., DEPT. OF COMMERCE & INDUSTRIES (MINES) ROOM NO. 135, VIKASA SOUDHA BENGALURU - 560 001
3. THE DIRECTOR AND COMMISSIONER -2- DEPT. OF MINES AND GEOLOGY KHANIJ BHAVAN, RACE COURSE ROAD BENGALURU, BENGALURU - 560 001
4. THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY ROOM NO. S3 AND S3A, 2ND FLOOR ZILLA ADALITH BHAVAN, KUMBARAHALLI KOLAR DISTRICT - 563 103
5. THE DISTRICT TASK FORCE COMMITTEE (MINES) KOLAR DISTRICT, REP. BY ITS CHAIRMAN - THE DEPUTY COMMISSIONER KUMBARAHALLI MULABAGAL ROAD, NH-75
6. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KUMBARAHALLI MULABAGAL ROAD, NH-75
7. THE ASSISTANT COMMISSIONER KOLAR REVENUE SUB-DIVISION NEAR COURT CIRCLE
8. THE DEPUTY CONSERVATOR OF FORESTS
KOLAR FOREST DIVISION GAJALADHINNE PLANTATION, KNS POST BANGARAPET MAIN ROAD …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) -3- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING THE 4TH RESPONDENT DEPUTY DIRECTOR TO PROCESS THE PETITIONERS QUARRY LEASE APPLICATION DATED 03.01.2026 PRODUCED AT ANNEXURE-A, STRICTLY IN ACCORDANCE WITH RULE 3-F OF THE KMMC RULES, 1994, BY PLACING THE SAME BEFORE 5TH RESPONDENT DISTRICT TASK FORCE (MINES) COMMITTEE IN ITS NEXT MONTHLY MEETING AS ALSO OBTAIN REQUISITE OPINION OR CLEARANCES FROM CONCERNED DEPARTMENTAL OFFICERS, INCLUDING JOINT INSPECTION IN A TIME-BOUND PERIOD AND FURNISH THE SAME THROUGH 6TH RESPONDENT DEPUTY COMMISSIONER WITHOUT INSISTING UPON THE PETITIONER TO PROCURE SUCH NO OBJECTION CERTIFICATE/OPINION AND ETC.
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. Issue notice.
2. The learned Government Advocate accepts notice for the respondents.
3. The petitioner has filed the present petition, inter alia, praying as under:
"A. Issue a writ of Mandamus or any other order of direction directing the 4th Respondent Deputy Director to process the Petitioner's Quarry Lease Application -4-
dated 03.01.2026 produced at ANNEXURE-A, strictly in accordance with Rule 3-F of the KMMC Rules, 1994, by placing the same before 5th Respondent District Task Force (Mines) Committee in its next monthly meeting as also obtain requisite opinion or clearances from concerned Departmental Officers, including Joint Inspection in a time-bound period and furnish the same through 6th Respondent Deputy Commissioner without insisting upon the Petitioner to procure such No Objection Certificate/Opinion; and/or
B. Pass any such other Orders as this Hon'ble Court deems as fit and proper to meet the ends of justice."
4. The petitioner's grievance is that his application for quarry
lease has not been placed before the District Task Force (Mines) Committee as required under Rule 3-F of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules].
5. The petitioner contends that there is no requirement for the
petitioner to obtain separate no objections [NOCs] from various departments. He submits that in terms of Rule 3-F of the KMMC Rules, the consents and NOCs are required to be obtained at the meeting of the District Task Force (Mines).
6. Concededly, the question raised by the petitioner is covered by the decision of this Court in Rajappa v. The State of Karnataka1. The relevant extract of the said decision is set out below. NC: 2026:KHC:19228-DB -5-
"7. It is now the petitioner's case that there is no procedure for issuance of a separate NOCs. He relies on sub-rule (6) of Rule 3F of the KMMC Rules. Sub-rule (1), (2) and 6 of Rule 3F is reproduced below: "3-F. Exemption of certain rules in case of ordinary building stone.-(1) Notwithstanding anything contrary contained in Chapter IV-A, quarry leases of extent five acres and below in case of individuals and 10 acres and below in case of Registered societies having all the members belonging to the Schedule Caste or Schedule Tribes or having all members who are traditional quarry operators and whose livelihood is dependent on quarrying for ordinary building stone in the lands belonging to the State Government, shall be allotted following procedure prescribed under this rule.
(2) Blocks of ten acres and below identified by
the jurisdictional Deputy Director or Senior Geologist shall be notified by him, after approval in the District Task Force Committee, in any two newspapers having wide circulation, of which at least one shall be in Kannada, inviting applications for grant of quarry lease specifying the area available for grant of quarrying lease, reservation of the block and its location with boundaries: Provided that such notification shall be published at least thirty days prior to the last date for receiving such applications.
(3) *** *** ***
(4) *** *** ***
(5) *** *** ***
(6) Without prejudice to sub-rule (5) above,
quarrying lease shall be granted under this rule to eligible applicant by way of lottery, if more than one application is received amongst the categories specified in sub-rule (4) above."
8. It is apparent from the plain reading of the aforesaid
Rule that the opinion of the concerned Department, as specified in Rule 8(5) of the KMMC Rules, is required to be obtained at the monthly meetings of the District Task Force -6-
(Mines) Committee. We may note that the provisions under Rule 3(F) concern exemption from certain rules in case of ordinary building stones. This is a special provision that establishes a fast-track procedure requiring the requisite opinions to be placed before the District Task Force (Mines) Committee. This is a departure from the procedure of different authorities seeking communications for issuance of 'No Objection Certificate' as required under Rule 8(5). By virtue of Sub-rule 6 of Rule 3F, separate communications eliciting or communicating NOCs are not necessary. Once the application has been set down for consideration at the monthly meeting of the District Task Force (Mines) Committee, which includes representatives of all Departments, the necessary opinions must be communicated at that meeting. This would facilitate an immediate decision.
9. In view of the above, we direct the respondents to ensure that the petitioner's application is placed before the District Task Force (Mines) Committee at the ensuing meeting."
7. In view of the above, the present petition is disposed of by
directing the respondents to place the petitioner's application for consideration before the District Task Force (Mines) Meeting, Kolar (respondent No.5) at the ensuing meeting. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 2 Sl No.: 26