Sri Srikanth Shetty Vs State of Karnataka

WRIT PETITION NO. 16236 OF 2026 (GM-MM-S) WRIT PETITION NO. 17359 OF 2026 (GM-MM-S) WRIT PETITION NO. 17856 OF 2026 (GM-MM-S) WRIT PETITION NO. 17983 OF 2026 (GM-MM-S)

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IN W.P. No. 16816/2026

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BETWEEN:

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SHAGUFTA BEGUM

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Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka

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W/O IRFAN AZIZ MOHAMMED AGED ABOUT 36 YEARS R/AT NO. 5-17 N-6

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ROCKET COMPOUND

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HANUMAN GARAGE ROAD

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BAILOR VILLAGE UDUPI TOWN - 576 101 UDUPI DISTRICT

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…PETITIONER

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(BY SRI RAVEENDRA GAJANAN KOLLE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHAN SOUDHA, BENGALURU BENGALURU - 560 001

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HC-KAR

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NC: 2026:KHC:39063-DB WP No. 16816 of 2026 C/W WP No. 16236 of 2026 WP No. 17359 of 2026 AND 2 OTHERS

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CNR: KAHC010377112026

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THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJ BHAVAN RACE COURSE ROAD

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BENGALURU - 560 001

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THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY JUGAL TRAVELS, KADRI, MALLIKATTA MANGALORE - 575 001 DAKSHINA KANNADA DISTRICT

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THE GOVERNMENT OF INDIA MINISTRY OF MINES GPOA - 3, NETAJI NAGAR NEW DELHI - 110 001 BY ITS UNDER SECRETARY

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(IMPLEADED VIDE COURT ORDER DATED 10.06.2026)

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…RESPONDENTS

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(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R1-R3, SRI K. ARAVIND KAMATH, ASG A/W SRI S. RAJASHEKAR, CGC FOR R-4)

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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 2^ND RESPONDENT DIRECTOR AND 3^RD RESPONDENT SENIOR GEOLOGIST TO FORTHWITH RESTORE OR UNLOCK THE PETITIONER'S ILMS USER ID/ACCESS AND PERMIT THE PETITIONER TO GENERATE MINERAL DISPATCH PERMIT (MDP) THROUGH ILMS PORTAL FOR TRANSPORTATION OF LATERITE GRADE-A MINOR MINERAL, QUARRIED FROM THE SUBSISTING QUARRY LICENSE DATED 24/07/2025 AT QL. NO.DSKNS 455 SITUATED IN PETITIONER'S PRIVATE PATTA LAND BEARING SY.NO.544/1, PUTTIGE VILLAGE, MUDABIDRE TALUK,

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HC-KAR

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NC: 2026:KHC:39063-DB WP No. 16816 of 2026 C/W WP No. 16236 of 2026 WP No. 17359 of 2026 AND 2 OTHERS

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DAKSHINA KANNADA DISTRICT PRODUCED AT ANNEXURE-B AND ETC.

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IN W.P. NO. 16236/2026

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BETWEEN:

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M/S. GOWTHAM MINES

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REGD. UNDER THE PARTNERSHIP ACT REPRESENTED BY ITS PARTNER L. NAGAMURALI AGED 73 YEARS 5/31-2, PADEKALLU KOMBUJE KANYANA VILLAGE BANTWAL - 574 279

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...PETITIONER

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(BY SRI SAMARTH SHREEDHAR, ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001

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SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY GROUND FLOOR, PRAJASUDHA LAYOUT PADIL - MANGALORE - 575 007

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...RESPONDENTS

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(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

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THIS WRIT PETITION 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.DSKNS441 DATED 31/05/2023, VIDE ANNEXURE - E AND ETC.

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IN W.P. NO. 17359/2026

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BETWEEN:

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SRI SRIKANTH SHETTY AGED ABOUT 39 YEARS S/O SEETHARAMA SHETTY R/AT NO. 2-60, HEMANTHA BETTU PALADKA, MANGALURU DAKSHINA KANNADA - 574 226

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...PETITIONER

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(BY MS. ANUSHA S.H., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED THROUTH THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560 001

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THE SENIOR GEOLOGIST DEPARMENT OF MINES AND GEOLOGY GROUND FLOOR, PRAJASUDHA LAYOUT PADIL, MANGALORE DAKSHINA KANNADA - 574 265

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...RESPONDENTS

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(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO RESTORE THE ILMS ACCESS TO THE PETITIONER AND FACILITATE MINERAL DISPATCH PERMIT IN RESPECT OF PETITIONER'S QUARRY LEASE NO.DSKNS 405, VIDE ANNEXURE-B, IN TERMS OF THE JUDGEMENT OF THIS HON'BLE COURT IN W.P. NO.14076/2026 AND CONNECTED MATTER VIDE ANNEXURE-A & ETC.

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IN W.P. NO. 17856/2026

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BETWEEN:

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SAI ENTERPRISES A REGISTERED PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT D.NO.4-256/44, SWARAJ RESIDENCY MARPADI, MOODBIDRI DAKSHINA KANNADA - 574 227

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REPRESENTED BY ITS PARTNER MR. POREDDY ANIL KUMAR REDDY S/O PRATAP REDDY A/A 36 YEARS R/AT 3/3 MAIN ROAD KONDAPURAM, KODURU CUDDAPAH ANDHRA PRADESH - 516 474

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...PETITIONER

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(BY MS. ANUSHA S.H., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR

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HC-KAR

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DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY GROUND FLOOR PRAJASUDHA LAYOUT PADIL, MANGALORE DAKSHINA KANNADA - 574 265

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...RESPONDENTS

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(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO RESTORE THE ILMS ACCESS TO THE PETITIONER AND FACILITATE MINERAL DISPATCH PERMIT IN RESPECT OF PETITIONER QUARRY LEASE NO.DSKNS 440, VIDE ANNEXURE-B, IN TERMS OF THE JUDGEMENT OF THIS HON'BLE COURT IN W.P.NO.14076/2026 AND CONNECTED MATTER VIDE ANNEXURE-A & ETC.

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IN W.P. NO. 17983/2026

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BETWEEN:

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M/S OXIDE EDGE EXCAVATORS A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER SRI K. ANANTH KAMATH AGED ABOUT 52 YEARS LAXMAN COMMERCIAL COMPLEX GOLIKATTA BAZAR, BUNDER

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MANGALORE DAKSHINA KANNADA - 575 001

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...PETITIONER

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(BY MS. ANUSHA S.H., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED THROUGH THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD

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BENGALURU - 560 001

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY GROUND FLOOR PRAJASUDHA LAYOUT

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PADIL- MANGALORE - 574 265

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...RESPONDENTS

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(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ALLOW ACCESS TO THE INTEGRATED LEASE MANAGEMENT SYSTEM PORTAL AND FACILITATE MINERAL DISPATCH PERMIT FOR TRANSPORTATION OF EXCAVATED MINERAL IN RESPECT OF PETITIONER'S QUARRY LEASE NO.DSKNS 463, INVOLVING LAND MEASURING 3.70 ACRES IN SY. NO.266/1 OF KOMPADAV VILLAGE, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT, VIDE ANNEXURE-C & ETC.

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

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HC-KAR

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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

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These petitions have been filed by the petitioners who have been granted with quarry leases for quarrying Laterite.

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It is the common grievance of the petitioners that their ILMS [ Integrated Leases Management System ] ID's have been locked and they have been prevented from transporting Laterite mine by them. A tabular statement setting out the particulars of the respective leases granted to the petitioners is set out below.

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Petitioner in Writ Petition No.	Particulars of Quarry Lease
W.P.No.16816/2026	Quarrying Lease No.DSKNS455 for extraction of Laterite Grade-A which is a non-specified minor mineral, over an area of 2.22 acres falling in Sy.No.544/1 of Puttige village, Mudabidre Taluk, Dakshina Kannada District
W.P.No.16236/2026	Quarrying Lease No.DSKNS441 for extraction of Laterite, over an area of 2.00 acres falling in Sy.No.435/3 & 435/5 of Kanyana village, Bantwal Taluk, Dakshina Kannada District

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W.P.No.17359/2026	Quarrying Lease No.DSKNS405 for extraction of Laterite stone in respect of 2.16 acres falling in Sy.No.492/2 of Beluvai village, Moodbidri Taluk, Dakshina Kannada District
W.P.No.17856/2026	Quarrying Lease No.DSKNS440 for extraction of Laterite, over an area of 2.20 acres falling in Sy.No.209/7 of Tenkamijaru village, Moodbidri Taluk, Dakshina Kannada District
W.P.No.17983/2026	Quarrying Lease No.DSKNS463 for extraction of Laterite, over an area of 3.70 acres falling in Sy.No.266/1 of Kompadav village, Mangalore Taluk, Dakshina Kannada District

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The controversy in the present batch of petitions pivots on the question whether the mineral available in the leases granted to the petitioners is a major mineral.

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According to the State, there is material to indicate that the mineral available in the quarry leases granted to the petitioners is Bauxite, as notified under notification dated 25.04.2018. The question whether the mineral is Bauxite depends on the threshold value of the specified compound/element.

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It is relevant to note that the threshold value of minerals is defined under Rule 3(e) of the Minerals (Evidence of Mineral

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Contents) Rules, 2015, which explains the meaning of the threshold value of minerals as under:

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"3(e) " threshold value of minerals " means the limits prescribed by the Indian Bureau of Mines from time to time based on the beneficiability and marketability of a mineral for a given region and given time, below which the material obtained after mining can be discarded as waste;"

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It is relevant to refer to the threshold value for the minerals

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Bauxite and Iron ore as set out in the notification dated 25.04.2018. The relevant extract of the tabular statement setting out the threshold values of the aforementioned minerals as set out in the

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aforesaid notification is reproduced below.

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"6. THRESHOLD VALUE OF MINERALS

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S.No.	MINERAL	THRESHOLD VALUE
1.	Apatite & Rock Phosphate	P2O2-5% (Min.)
2.	Bauxite	(i) For Aluminous laterite: Al2O3-20% (Min.) (ii) For Bauxite: Al203-30% (Min.) and SiO2 (Total)-7% (Max)
3.	Chromite	Cr2O3-10%(Min.)
4.	Fluorite	CaF2-5%(Min.)
5.	Graphite	(i) For flaky variety-2% Fixed Carbon(F.C) (Min.) (ii) For amorphous variety 10% Fixed Carbon (F.C)(Min.)
6.	Iron Ore	(i)^#Hematitic Ore -45% Fe(Min.) (ii)^{^}Hematitic Siliceous Ore 35% Fe(Min.) (iii) ^*Magnetite Ore-15%Fe (Min.)
7.	Kyanite & Sillimanite	35% (Min) Kyanite/Sillimanite content Not applicable to sillimanite ofbeachsand
8.	Limestone	CaO-34% (Min.) and MgO-5% (Max.)
9.	Magnesite	MgO-35% (Min.), CaO-3% (Max.), Fe2O3- 3% (Max.)

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10. Manganese Ore Mn-10% (Min.) 11. Wollastonite 35%(Min.) Wollastonite content

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The principal controversy in the present petitions is whether laterite with aluminous content [ Al2O3 content ] of 20% or more is to be considered as Bauxite.

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It is contended on behalf of the petitioners that the Laterite with Al2O3 content of 20% and above would be aluminous laterite and it would qualify as bauxite only if it is not accompanied by any other Mineral. In other words, if on a stand-alone basis the Al2O3 content is 20% or above, the Laterite would be aluminous laterite, which would qualify as bauxite. It is contended that if the laterite also contains Silica [ SiO2 ], then the question of whether laterite would be classified as bauxite would depend on the SiO2 content. The learned counsel appearing for the petitioners contends that in such eventuality, the Al2O3 content must necessarily be 30% or above and the SiO2 content must be 7% or less for laterite to be classified as a major mineral, bauxite.

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The respondents have filed an affidavit, inter alia , explaining that bauxite is normally used for the manufacture of alumina or

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aluminium metal. However, it is also used in the cement industry.

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The threshold values of Al2O3 and SiO2 for the purpose of

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classification of bauxite have been explained as under:

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" Role of silica content in classification of bauxite:

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That silica content also determines quality parameters of bauxite. Its significance arises because reactive silica in the refinery reduces alumina recovery and raises production costs. Consequently, high-grade metallurgical bauxite generally requires high available alumina and low reactive silica. Even where alumina content is high, excessive reactive silica can make the ore unsuitable or uneconomical for aluminium production. Accordingly, both alumina content and silica content are considered while assessing the suitability and grade of bauxite.

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S.No.	Particulars	Threshold Value	Usage	Classification
1.	Laterite	Al2O3 Less than 20%	Building bricks, tiles, road construction (road basefill)	Minor Mineral
2.	Bauxite- Aluminous Laterite	Al2O3-20% or more with varying percentage of silica content	Alumina or Cement Industry	Major Mineral
3.	Bauxite	Al2O3-30% or more with silica content less than 7%	Alumina Production, Abrasive, refractory and chemical industries	Major Mineral

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Because of its comparatively lower alumina and higher impurities, aluminous laterite has a lower commercial value than metallurgical-grade bauxite.

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In view of the above, it is most respectfully submitted that Aluminous Laterite having more than 20% Al2O3 content with varying percentage of silica content is used in alumina or cement industry based on the percentage of content of silica present in it and because of its significant

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Al2O3 content it is of a higher economic importance than laterite having low Al2O3 content being used as a building material.

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If the ore has Al2O3 content of between 20%-30% and silica content of less than 7%, then such aluminous laterite can be used for alumina making after beneficiation.

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However, if the ore has Al2O3 content of between 20%-30% and silica content of more than 7%, then such aluminous laterite can be used in the cement industry even though it may not be suitable for alumina making.

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Further, if the ore has Al2O3 content more than 30% with silica content of more than 7% then it would be aluminous laterite and if the ore has Al2O3 content more than 30% with silica content of less than 7% then it would be bauxite.

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In all the above cases, the ore would be classified as major mineral i.e. Aluminous Laterite or Bauxite.

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Only the ore having less than 20% Al2O3 content which does not have major industrial uses are used as a minor mineral for building purposes."

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In our view, the aforesaid explanation adequately explains

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the threshold value of bauxite as notified under notification dated 25.04.2018. In the aforesaid view, if the laterite found in the quarry lease granted to the petitioners has Al2O3 content of 20% or above, the same would be classified as bauxite, which is a major mineral. Similarly, if the iron content [ Fe ] is 15% or above, the same would be classified as iron ore. If the threshold value of the mineral is

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above the specified percentages, it would be classified as a major mineral. If this be the case, the petitioners cannot be permitted to operate the leases, as the same have been granted without the concurrence of the Central Government, which is necessary in case of a major mineral.

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In our view, the question whether the leases granted to the petitioners are valid is required to be determined on the basis of whether the Laterite found in their leases is a major mineral or a minor mineral. The same would depend upon the threshold values of Al2O3 or Fe as specified in the notification dated 25.04.2018.

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The learned Government Advocate has filed a memo enclosing therewith a letter dated 25.06.2026, which indicates that samples have been drawn from the quarry leases granted to the petitioners and other such similar leases. He also submits that the chemical composition of the said samples would be analysed and if the Al2O3 content or Fe content is below the threshold value, the access to ILMS portals would be allowed and the petitioners could carry on the activities. However, if the chemical composition of the

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HC-KAR

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samples indicates that the Al2O3 or Fe content is higher than the threshold value, the leases would be required to be cancelled.

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The learned Government Advocate also states that the same

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would be communicated to the petitioners on or before 10.08.2026.

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In view of the above, the present petitions are disposed of by directing the State to take an informed decision and communicate the same to the petitioners on or before 10.08.2026.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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Sd/(K.S. HEMALEKHA) JUDGE

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KMV List No.: 2 Sl No.: 27

Sri Srikanth Shetty v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Srikanth Shetty v. State of Karnataka

Case brief

What is this about?

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