Disposed¶64

N Munegowda v. the State of Karnataka

Karnataka HC2 Mar 2026WP/5775/2026

Case brief

AI extract

What is this about?

Quarry lease ordinary building stones; KMMC Rules 1994 Rule 8(5) NOC; deemed consent Rule 8(6); mandamus Articles 226 and 227; Survey No.62 Vatadahosahalli Village Gouribidanuru Taluka Chikkaballapura; application dated 05.11.2011; 2016 Amendment lapse; 2023 Amendment revival; Rule 8(5) amendment effective 02.01.2025 onus on applicant; intimation 04.09.2025 deadline 16.03.2026; two-week direction to Assistant Commissioner and Deputy Conservator of Forests to furnish opinion/NOCs and survey report; WP 5775 of 2026 Karnataka High Court.

What did the court decide?

Direction to respondent Nos.6 and 7 to forthwith consider whether the quarry lease could be granted over the subject land and furnish their opinion/NOCs and the survey report as expeditiously as possible, within two weeks. ¶64

N Munegowda Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶64

Issue for consideration

Whether respondent No.6 (Assistant Commissioner) and respondent No.7 (Deputy Conservator of Forests) are required to furnish their Revenue and Forest NOC/opinion under Rules 8(5)(ii) and 8(5)(iii) of the KMMC Rules, 1994, confined to the specific points sought in the competent authority's letters dated 09.02.2024 and 09.12.2024, within a time-frame to enable grant of the quarry lease applied for on 05.11.2011. +1 more

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Court's answer

The petition was disposed of by directing respondent Nos.6 (Assistant Commissioner) and 7 (Deputy Conservator of Forests) to forthwith consider whether a quarry lease could be granted in respect of the subject land and to furnish their opinion/NOCs as well as the survey report as expeditiously as possible within a period of two weeks.

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Detailed headnote1 paragraphs

Writ Petition No. 5775 of 2026 (GM-MM_S), High Court of Karnataka (Vibhu Bakhru, CJ and C.M. Poonacha, J.; order per the Chief Justice), disposed of on 02.03.2026. The Court directed respondent No.6 (Assistant Commissioner, Chikkaballapura Sub-Division) and respondent No.7 (Deputy Conservator of Forests, Chikkaballapura Forest Division) to forthwith consider whether a quarry lease could be granted in respect of Survey No.62 of Vatadahosahalli Village, Gouribidanuru Taluka, Chikkaballapura District, and to furnish their opinion/NOCs and the survey report within two weeks. The petitioner's application dated 05.11.2011 under the Karnataka Minor Mineral Concession Rules, 1994 for extracting ordinary building stones over 02-10 acres of government land had remained unprocessed for want of Revenue and Forest NOCs; the 2016 Amendment Rules deemed such applications lapsed, the 2023 Amendment Rules revived them, and the amendment to Rule 8(5) effective 02.01.2025 placed the onus of obtaining NOCs on the applicant, pursuant to which the competent authority's intimation dated 04.09.2025 required submission of NOCs by 16.03.2026. Mandamus was sought under Articles 226 and 227 for opinions confined to the points in the competent authority's letters dated 09.02.2024 and 09.12.2024 (Annexures A and B).

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NC: 2026:KHC:12521-DB WP No. 5775 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF MARCH, 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. 5775 OF 2026 (GM-MM_S)

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BETWEEN:

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N MUNEGOWDA

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S/O NARAYANAPPA AGED ABOUT 50 YEARS, HAROHALLI VILLAGE AND POST DEVANAHALLI TALUKA - 562 135

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

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THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY ROOM NO.320, 3^RD FLOOR VIDHANA SOUDHA, BENGALURU BENGALURU - 560 001

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THE SECRETARY TO GOVT., DEPT. OF COMMERCE AND INDUSTRIES, ROOM NO.135 FIRST FLOOR, VIKASA SOUDHA

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BENGALURU, BENGALURU - 560 001

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NC: 2026:KHC:12521-DB WP No. 5775 of 2026

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HC-KAR

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THE DIRECTOR AND COMMISSIONER DEPT. OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU BENGALURU - 560 001

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THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY (PREVIOUSLY SENIOR GEOLOGIST) DEPARTMENT OF MINES AND GEOLOGY NO.SA-9, 2^ND FLOOR, ZILLADALITHA BHAVANA CHIKKABALLAPURA - 562 101

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THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT OFFICE OF THE DEPUTY COMMISSIONER CHIKKABALLAPURA - 562 101

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THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA - 562 101

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THE DEPUTY CONSERVATOR OF FORESTS CHIKKABALLAPURA FOREST DIVISION SULALAPPANADINNE NEAR K.V.CAMPUS CHIKKABALLPAURA - 562 101

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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NC: 2026:KHC:12521-DB WP No. 5775 of 2026

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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 (A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING 6^TH RESPONDENT ASSISTANT COMMISSIONER AND 7^TH RESPONDENT DEPUTY CONSERVATOR OF FOREST TO FURNISH REVENUE AND FOREST NOC OR OPINION IN TERMS OF RULE 8(5)(ii) AND RULE 8(5)(iii) OF KMMC RULES, 1994, CONFINING THE OPINION TO THE SPECIFIC POINTS SOUGHT IN THE LETTERS DATED 09.02.2024 AND 09.12.2024 PRODUCED AT ANNEXURE-A AND B RESPECTIVELY, ISSUED BY THE 4^TH RESPONDENT DEPUTY DIRECTOR AND COMPETENT AUTHORITY, WITHIN A TIME-FRAME, FOR THE GRANT OF QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONES OVER AN AREA OF 02-10 ACRES IN GOVT LAND BEARING Sy.No.62 OF VATADAHOSAHALLI VILLAGE, GOURIBIDANURU TALUKA, CHIKKABALLAPURA DISTRICT, PURSUANT A QUARRY LEASE APPLICATION DATED 05.11.2011 SUBMITTED BY THIS PETITIONER PRODUCED AT ANNEXURE-C, ETC.

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

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NC: 2026:KHC:12521-DB WP No. 5775 of 2026

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HC-KAR

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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 as under:

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"(A) Issue a Writ of Mandamus or any other Order or Direction directing 6^th Respondent Assistant Commissioner and 7^th Respondent Deputy Conservator of Forest to furnish Revenue & Forest NOC or Opinion in terms of Rule 8(5)(ii) & Rule 8(5)(iii) of KMMC Rules, 1994, confining the Opinion to the specific points sought in the Letters dated 09.02.2024 and 09.12.2024 produced at ANNEXURE-A & B respectively, issued by the 4^th Respondent Deputy Director & Competent Authority, within a time-frame, for the grant of Quarry Lease to extract Ordinary Building Stones over an area of 02-10 Acres in Govt land bearing Sy.No.62 of Vatadahosahalli Village, Gouribidanuru Taluka, Chikkaballapura District pursuant a Quarry Lease Application dated 05.11.2011 submitted by this Petitioner produced at ANNEXURE-C; and/or

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

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On 05.11.2011, the petitioner made an application for the

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grant of a quarry lease for mining ordinary building stones from an area of 2-10 acres of government land falling in Survey No.62 of

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NC: 2026:KHC:12521-DB WP No. 5775 of 2026

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HC-KAR

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Vatadahosahalli Village, Gouribidanuru Taluka, Chikkaballapura District, along with the prescribed fees and sketch.

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Respondent No.4 (competent authority) addressed a letter dated 22.12.2011 to the concerned Tahsildar, Assistant Commissioner and Deputy Conservator of Forests for consultation/No Objection Certificate [ NOC ] as required under Rule 8(5) of the Karnataka Minor Mineral Concession Rules, 1994 [ KMMC Rules ] as was in force at the material time.

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The NOC’s/reports were not furnished within the stipulated period. Thus, the petitioner's application ought to have been processed on the basis of a deemed consent under Rule 8(6) of the KMMC Rules. However, the application remained pending. The KMMC Rules were amended by virtue of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 and all applications in respect to which NOCs and approvals were not received were deemed to have lapsed.

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These applications were resuscitated by subsequent amendment to the KMMC Rules by virtue of Karnataka Minor Mineral Concession (Amendment) Rules, 2023.

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6 - NC: 2026:KHC:12521-DB WP No. 5775 of 2026

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HC-KAR

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It is stated that pursuant to the said amendment, the competent authority issued letters to respondent No.6 (Assistant Commissioner) and respondent No.7 (Deputy Conservator of Forests) seeking NOCs and approval for the grant of the quarry lease in question. However, NOCs have not been furnished.

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By virtue of the subsequent amendment to Rule 8(5) of the KMMC Rules, which came into effect from 02.01.2025, the onus to obtain necessary NOCs and reports as specified rests on the applicant.

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Pursuant thereto, the competent authority, by its intimation letter dated 04.09.2025, has called upon the petitioner to obtain and submit the NOCs issued by the Revenue and Forest Departments on or before 16.03.2026, failing which action in accordance with the Rules would follow.

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It is the petitioner's case that the concerned authorities had not responded to the letters sent by the competent authority earlier. Therefore, they would not do so at the petitioner’s request as well. The petitioner apprehends that their inaction would frustrate the processing of his application.

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NC: 2026:KHC:12521-DB WP No. 5775 of 2026

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HC-KAR

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The Government Advocate appearing for the respondents states, on instructions, that the petitioner's request for the NOC and the necessary reports will be considered expeditiously.

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In view of the above, the present petition is disposed of by directing respondent Nos.6 and 7 to forthwith consider whether a quarry lease could be granted in respect to the subject land and furnish their opinion/NOCs as well as the survey report as expeditiously as possible within a period of two weeks from the date.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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Sd/(C.M. POONACHA) JUDGE

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KMV List No.: 2 Sl No.: 14

Procedural history

How this case reached the court

AI extract

Prior proceeding
On 05.11.2011 the petitioner applied for grant of a quarry lease to mine ordinary building stones over 02-10 acres of government land in Survey No.62 of Vatadahosahalli Village, Gouribidanuru Taluka, Chikkaballapura District, along with prescribed fees and sketch.¶45
Prior proceeding
Respondent No.4 (competent authority) by letter dated 22.12.2011 sought consultation/NOC from the Tahsildar, Assistant Commissioner and Deputy Conservator of Forests under Rule 8(5) of the KMMC Rules as then in force.¶51
Prior proceeding
NOCs/reports were not furnished within the stipulated period; the application ought to have been processed on deemed consent under Rule 8(6) but remained pending.¶52
Prior proceeding
By the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, applications in respect of which NOCs and approvals were not received were deemed to have lapsed.¶52
Prior proceeding
The Karnataka Minor Mineral Concession (Amendment) Rules, 2023 resuscitated the lapsed applications.¶53
Prior proceeding
Pursuant to the 2023 amendment, the competent authority issued letters to respondent No.6 (Assistant Commissioner) and respondent No.7 (Deputy Conservator of Forests) seeking NOCs and approval; NOCs were again not furnished.¶56
Prior proceeding
The competent authority (4th respondent) had issued letters dated 09.02.2024 and 09.12.2024 (Annexures A and B) seeking Revenue and Forest opinions confined to specific points.¶43
Prior proceeding
By a subsequent amendment to Rule 8(5) of the KMMC Rules effective 02.01.2025, the onus to obtain necessary NOCs and reports was placed on the applicant.¶57
Prior proceeding
By intimation letter dated 04.09.2025 the competent authority required the petitioner to obtain and submit Revenue and Forest Department NOCs on or before 16.03.2026, failing which action in accordance with the Rules would follow.¶58
Prior proceeding
At the preliminary hearing, the Government Advocate stated on instructions that the petitioner's request for the NOC and necessary reports would be considered expeditiously.¶63

N Munegowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

N Munegowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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