Sri Ashok Shetty M v. State of Karnataka

Karnataka HC12 Jan 2026WP/11798/2025

Case brief

AI extract

What is this about?

Deemed extension; quarry lease; QL Nos. 706 and 707; Rule 8A; Karnataka Minor Mineral Concession Rules 1994; KMMC (Amendment) Rules 2023; black granite; Udupi; Shirva Village; Kapu Taluk; mandamus; Articles 226 and 227; representations not considered; eight weeks; Department of Mines and Geology; Vibhu Bakhru; C.M. Poonacha.

What did the court decide?

Direction to the concerned respondents to consider the petitioner's request for deemed extension of quarry lease Nos. 706 and 707 under Rule 8A of the KMMC Rules, if not already considered, and to communicate the decision as expeditiously as possible, preferably within eight weeks. ¶¶46

Sri Ashok Shetty M Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:2104-DB WP No. 11798 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JANUARY, 2026

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PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 11798 OF 2025 (GM-MM-S)

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BETWEEN:

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SRI ASHOK SHETTY M S/O BOLLU SHETTY

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AGED 61 YEARS

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RESIDENT OF MANIYUR NEW HOUSE YELLUR POST - 574 132 UDUPI TALUK AND DISTRICT

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…PETITIONER

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(BY SRI D.L.N. RAO, SENIOR ADVOCATE FOR

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Digitally signed by PRABHAKAR SWETHA KRISHNAN

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Location: High Court of Karnataka

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SRI ANIRUDH ANAND, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560 001

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THE SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE AND INDUSTRIES

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2 - NC: 2026:KHC:2104-DB WP No. 11798 of 2025

HC-KAR

VIKASA SOUDHA

BANGALORE - 560 001

THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BANGALORE - 560 001

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BANGALORE - 560 001

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAJATHADRI, UDUPI MANIPAL - 576 104

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO EFFECT DEEMED EXTENSION OF QL Nos. 706 AND 707 AS PER RULE 8A OF THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2023 & ETC.

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3 - NC: 2026:KHC:2104-DB WP No. 11798 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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The petitioner has filed the present petition, inter alia , praying

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that directions be issued to the respondent-authorities to effect deemed extension of quarry leases bearing Nos.706 and 707 in accordance with Rule 8A of the Karnataka Minor Mineral Concession Rules, 1994 [ KMMC Rules ].

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The petitioner was granted quarry leases to the extent of 4.48 acres falling in Sy.No.18/2A1 and 18/2A2, and an area to the extent of 2.06 acres in Sy.No.7/B located in Shirva Village, Kapu Taluk, Udupi District for the extraction of black granite for a period of 20 years from 27.04.2005.

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HC-KAR

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The KMMC Rules were amended with effect from 12.08.2016, and the term of the lease was deemed to be extended for a period of 30 years.

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The petitioner made representations seeking extension of the quarry leases in question on 14.12.2017. The said representations were followed by further representations on 04.03.2022 and 05.12.2022.

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The KMMC Rules were once again amended with effect from 17.03.2023, and, according to the appellant, the quarry leases were deemed to be extended for a period of 50 years from the date of the original grant. Accordingly, the petitioner made further representations requesting that steps be taken for the deemed extension of the said leases. However, the petitioner's representations have not been considered.

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In view of the above, the present petition is disposed of by directing the concerned respondents to consider the petitioner's request for deemed extension, if not already considered, and

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NC: 2026:KHC:2104-DB WP No. 11798 of 2025

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HC-KAR

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communicate the decision as expeditiously as possible, preferably

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within a period of eight weeks from the date.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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