H S Virupaksha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

H S Virupaksha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No formal relief adjudicated; petition disposed of on the statement of the learned Additional Government Advocate that the petitioner's representation dated 30.10.2024 would be considered in accordance with law within 8 weeks; pending applications, if any, disposed of.

Issue for consideration

Whether a writ of mandamus should issue directing the 5th respondent Deputy Director & Competent Authority to consider the petitioner's representation dated 30.10.2024 in the light of newly substituted Rule 8-A(2) of KMMC Amendment Rules, 2023 and Amendment Rules, 2024, extending the validity period of the quarry lease till 02.12.2031 in terms of deemed extension. +1 more

Court's answer

In view of the learned Additional Government Advocate's statement that the petitioner's representation dated 30.10.2024 would be considered in accordance with law within a period of 8 weeks, no further orders were required to be passed and the petition was disposed of.

Detailed headnote1 paragraphs

Writ Petition (GM-MM_S) under Articles 226 & 227 of the Constitution of India by H S Virupaksha seeking (a) a writ of mandamus directing the 5th respondent Deputy Director & Competent Authority, Department of Mines and Geology, Hospet, to consider his representation dated 30.10.2024 (Annexure-H) in the light of newly substituted Rule 8-A(2) of KMMC Amendment Rules, 2023 (effective 17.03.2023) and Amendment Rules, 2024 (effective 02.01.2025), extending the validity period of his quarry lease till 02.12.2031 in terms of deemed extension; and (b) a writ of certiorari to quash the order dated 18.01.2022 (No. GaBhuE/HeNiBa-U.Va: Parishkarane-08/2021-22/1556) of the 4th respondent Revising Authority (Annexure-A). The learned AGA (Smt. Niloufer Akbar) stated that the representation would be considered in accordance with law within 8 weeks. Holding that no further orders were required, the Division Bench (Vibhu Bakhru, CJ and C.M. Poonacha, J) disposed of the petition; pending applications, if any, disposed of.

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NC: 2026:KHC:6670-DB WP No. 2699 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF FEBRUARY, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 2699 OF 2025 (GM-MM_S)

BETWEEN:

H S VIRUPAKSHA S/O. SHIVANAGAPPA AGED ABOUT 50 YEARS, RESIDING NEAR POST OFFICE, RAMANAGARA, HAGARI BOMMANAHALLI, VIJAYANAGARA DISTRICT - 583 212

Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

(BY SRI. R.G. KOLLE, ADVOCATE)

AND:

THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, ROOM NO. 320, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. EMAIL [email protected]

…PETITIONER

THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF COMMERCE AND INDUSTRIES ROOM NO. 135, 3RD FLOOR, VIDHANA SOUDHA,

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NC: 2026:KHC:6670-DB WP No. 2699 of 2025

HC-KAR

BENGALURU - 560 001. EMAIL [email protected]

THE DIRECTOR COMMISSIONER, DEPARTMENT OF MINES AND GEOLOGY, NO.49, KHANIJA BHAVAN, RACE COURSE ROAD, EMAIL [email protected]

THE ADDITIONAL DIRECTOR AND REVISING AUTHORITY, DEPARTMENT OF MINES AND GEOLOGY, NORTHERN RANGE, BALLARI DISTRICT, BALLARI 583 101. EMAIL [email protected]

THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY PARVAZ PLAZA 3RD FLOOR COLLEGE ROAD HOSPET VIJAYANGARA DISTRICT VIJAYANAGARA 583201 EMAIL: [email protected]

…RESPONDENTS

(BY SMT. NILOUFER AKBAR, AGA)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANYOTHER ORDER OR DIRECTION DIRECTING THE 5TH RESPONDENT DEPUTY DIRECTOR AND COMPETENT AUTHORITY TO CONSIDER THE PETITIONERS REPRESENTATION DATED 30/10/2024 PRODUCED AT ANNEXURE-H IN THE LIGHT OF NEWLY SUBSTITUTED RULE 8-A(2) OF KMMC AMENDMENT RULES, 2023 EFFECTIVE FROM 17/03/2023 AND AMENDMENT RULES, 2024 EFFECTIVE FROM 02/01/2025, EXTENDING THE VALIDITY PERIOD OF QUARRY LEASE TILL 02/12/2031 IN TERMS OF THE PROVISIONS OF DEEMED EXTENSION AND/OR.

3 - NC: 2026:KHC:6670-DB WP No. 2699 of 2025

HC-KAR

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)

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

praying as under:-

A. Issue a Writ of Mandamus or any other order or direction directing the 5th Respondent Deputy Director & Competent Authority to consider the Petitioner's Representation dated 30.10.2024 produced at ANNEXURE-H; in the light of newly substituted Rule 8-A (2) of KMMC Amendment Rules, 2023 effective from 17.03.2023 & Amendment Rules, 2024 effective from 02.01.2025, extending the validity period of Quarry Lease till 02.12.2031 in terms of the provisions of Deemed Extension; and/or

B. Issue a Writ of Certiorari or any other order or direction directing to quash or set aside the impugned Order dated 18.01.2022 bearing No. GaBhuE/HeNiBa-U.Va: Parishkarane-08/2021-22/1556 passed by the 4th Respondent Revising Authority, produced at ANNEXUREA; and/or

C. Pass any such other further Orders as this Hon'ble Court deems as fit & proper to meet the ends of justice.

2. Learned Additional Government Advocate appearing on

behalf of respondents submits that the said prayer may be allowed

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NC: 2026:KHC:6670-DB WP No. 2699 of 2025

HC-KAR

and petitioner's representation dated 30.10.2024 would be considered in accordance with law within a period of 8 weeks from date.

In view of the said statement, no further orders are required to be passed in the present petition. The same is disposed of.

Pending applications, if any, stand disposed of.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/-

(C.M. POONACHA) JUDGE

Vmb

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