Karnataka High Court
Sri. A. Mahaboob Pasha vs State Of Karnataka on 18 November, 2025
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NC: 2025:KHC:47230-DB
WP No. 23667 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 23667 OF 2025 (GM-MM_S)
BETWEEN:
1. SRI A. MAHABOOB PASHA
S/O ANWAR SAB
AGED 49 YEARS
RESIDING AT TIMBER MERCHANT
HOYSALA NAGAR
NEAR GOWRAMMA SCHOOL
BACK ARASIKERE, HASSAN DISTRICT
KARNATAKA - 573 103
...PETITIONER
(BY SRI D.L.N. RAO, SENIOR ADVOCATE FOR
SRI ANIRUDH ANAND, ADVOCATE)
AND:
Digitally
signed by
AMBIKA H B 1. STATE OF KARNATAKA
Location: BY ITS PRINCIPAL SECRETARY
High Court AND NODAL OFFICER
of Karnataka DEPARTMENT OF COMMERCE AND INDUSTRIES
(MSME AND MINES)
VIKASA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
2. STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF FOREST ENVIRONMENT
AND ECOLOGY, M.S. BUILDING
BANGALORE - 560 001
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NC: 2025:KHC:47230-DB
WP No. 23667 of 2025
HC-KAR
3. DEPARTMENT OF MINES AND GEOLOGY
REPRESENTED BY ITS DIRECTOR
KHANIJA BHAVANA, RACE COURSE ROAD
BANGALORE - 560 001
4. THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
DISTRICT OFFICE
CHIKKAMAGALURU - 577 101
5. UNION OF INDIA
BY ITS SECRETARY
MINISTRY OF MINES
SHASTRI BHAVAN
NEW DELHI - 110 001
(IMPLEADED VIDE COURT
ORDER DATED 13.08.2025)
...RESPONDENTS
(SRI K.S.HARISH, GOVT. ADVOCATE FOR RESPONDENT NOS.1 TO 4
SRI H. SHANTHI BHUSHAN, DSGI ALONG WITH
SRI VINAYAKA S. PANDIT, CGC FOR RESPONDENT No.5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF CERTIORARI, OR SUCH OTHER APPROPRIATE
WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED
ENDORSEMENT DATED 09.05.2025 ISSUED BY THE RESPONDENT
No. 4 VIDE ANNEXURE-W & 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. The petitioner has filed the present petition, inter alia, impugning the endorsements dated 09.05.2025 and 24.06.2025. -3-
NC: 2025:KHC:47230-DB WP No. 23667 of 2025 HC-KAR The petitioner also prays that directions be issued to the respondents to execute quarrying lease in favour of the petitioner pursuant to the notification dated 14.07.2023.
2. The petitioner had applied for quarry lease in terms of an application bearing No.319 AML 2011 for extraction of white quartz over an area to the extent of 5 acres falling in Survey No.201, Hallikerekaval Village, Kadur Taluk, Chikkamagaluru District. The said application was considered and notice dated 10.01.2012 was issued observing that the area falls within the reserve forest.
3. While the petitioner's application was pending, a notification dated 10.02.2015 was issued classifying the mineral white quartz as a minor mineral from a major mineral.
4. Since the petitioner's application was not disposed of, the petitioner along with other aggrieved persons, filed writ petitions, being W.P No.50347/2018 and W.P Nos.53098-53102/2018 (GM- MM-S), inter alia impugning the aforementioned notice considering the applied area as a forest area. The said writ petitions were disposed of by an order dated 03.12.2018 with a direction to the Director of Department of Mines and Geology to consider the -4- NC: 2025:KHC:47230-DB WP No. 23667 of 2025 HC-KAR petitioner's application and take a final decision within a period of ninety days.
5. On 25.06.2020, the Tahsildar, Chamarajanagar rendered an opinion that the area in question is Revenue land. The Revenue Department issued an NOC dated 10.07.2020. Thereafter, on 30.07.2020, the Deputy Conservator of Forests, Chikkamagaluru issued an NOC in favour of the petitioner. It is stated that thereafter the District Task Force issued a positive recommendation on 08.09.2020 recommending the grant of quarry lease to the petitioner.
6. The petitioner states that the area was inspected by the Geologist, Chikkamagaluru on 19.05.2023 and a notification dated 14.07.2023 was issued by respondent No.4 sanctioning the quarry lease in the subject land to the petitioner for a period of thirty years for extracting white quartz. And, on 25.07.2023, the scheme of quarrying, including progressive quarry closure plan was also approved.
7. The State Level Environment Impact Assessment Authority, Karnataka, accorded environmental clearance for the grant of quarry lease on 27.11.2023. The petitioner claims that thereafter he -5- NC: 2025:KHC:47230-DB WP No. 23667 of 2025 HC-KAR also complied with the other formalities of purchasing land; drone survey report; affidavit affirming to comply with the conditions of the quarry lease; no due certificate, etc.
8. On 20.02.2025, a notification was issued for reclassifying the mineral white quartz from minor mineral to major mineral.
9. In the aforesaid backdrop respondent No.4 has issued the impugned endorsement dated 09.05.2025 to the effect that the grant of quarry lease in favour of the petitioner was required to be cancelled. Thereafter, respondent No.4 issued another endorsement dated 24.06.2025 stating that in view of reclassification of quartz as a major mineral, the petitioner's application could no longer be considered under Rule 8-B of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023. This has led the petitioner to file the present petition.
10. The learned Deputy Solicitor General appearing for the Central Government has filed a memo dated 17.11.2025 enclosing therewith an order dated 24.09.2025 in exercise of powers under Section 20A of the Mines and Minerals (Development and Regulation) Act, 1957, inter alia, clarifying as under: -6-
NC: 2025:KHC:47230-DB WP No. 23667 of 2025 HC-KAR "(a) where an application has been made for grant of a mineral concession, but the State Government has not issued letter of intent (by whatever name called) for grant the mineral concession before 20th February, 2025, the application shall lapse.
(b) where the State Government had issued letter of intent (by whatever name called) for grant of a mineral concession before 20th February, 2025 and such letter of intent was valid as on 20th February, 2025 or where the auction process for grant of mineral concession has been concluded and preferred bidder has been selected before 20th February, 2025 but the letter of intent (by whatever name called) for grant of mineral concession has not been issued, the mining lease shall be granted and executed in accordance with rules made by the State Government in respect of minor minerals within a period of two years from the date of issue of this order. No mining lease shall be executed after the said period.
(c) After the grant and execution of mining lease, all the provision of the Act and the rules made thereunder shall apply to such mining lease which are applicable to minerals other than minor mineral."
11. In view of the aforesaid clarification, the impugned endorsements are required to be set aside.
12. The learned Government Advocate appearing for the respondents submits that the matter be remanded to respondent No.4 for considering the issue of grant of quarry lease in light of the order dated 24.09.2025 passed by the Government of India. -7-
NC: 2025:KHC:47230-DB WP No. 23667 of 2025 HC-KAR
13. The said contention commends itself to us. Accordingly, we set aside the impugned endorsements and remand the matter to respondent No.4. to take necessary steps in accordance with law bearing in mind the aforementioned order dated 24.09.2025 passed by the Government of India. We request respondent No.4 to take necessary steps as expeditiously as possible, preferably within a period of four weeks from date.
14. The writ petition is disposed of in the above terms.
Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE Sd/-
(C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.: 21