Sri. D K Srinivas v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH 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. 2804 OF 2026 (GM-MM-S) BETWEEN:

¶1SRI D.K. SRINIVAS SON OF LATE KRISHNAPPA AGED ABOUT 41 YEARS RESIDING AT DANAVAHALLI VILLAGE CHAKKARSANAHALLI POST NARSAPURA HOBLI KOLAR TALUK KOLAR DISTRICT - 563 133 …PETITIONER (BY SRI VENKATESH S. ARBATTI, ADVOCATE) AND:

¶1STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY REPRESENTED BY ITS SECRETARY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001

¶2THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY No.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001

Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka NC:(2026:KHC:6333-DB( WP(No.(2804(of(2026( ( , ,,HC-KAR( ( (

¶3DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KOLAR TALUK KOLAR DISTRICT - 563 101

¶4TAHSILDAR KOLAR TALUK KOLAR DISTRICT - 563 101 …RESPONDENTS (BY SMT. B.G. NAMITHA MAHESH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT, THEREBY QUASHING THE ENDORSEMENT NO.Gbooe/U.Ni.Khoo/Kgghu/3F/Rejected/2025-2026/4652 DATED 04/11/2025 ISSUED BY THE RESPONDENT NO.3 PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR FINAL 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)

¶1The petitioner has filed the present petition impugning an endorsement dated 04.11.2025, issued by respondent No.3, whereby the petitioner's application for quarry lease was rejected

on the ground that it was not accompanied by the Tahsildar's report.

¶2The impugned endorsement also notes that, in terms of Rule 3-F of the Karnataka Minor Mineral Concession Rules, 1994 [the Rules], as amended in 2024, the applicant is required to submit a report from the concerned tahsildar confirming that he carries on traditional stone quarrying manually in the land, in respect of which the licence is sought for by way of the said application.

¶3The learned counsel for the petitioner submits that there is no requirement for the applicant to furnish any such certificate. He states that in terms of Rule 3-F of the Rules, the documents to be submitted along with the application are set out in Form-AQL and the said form does not mention any such certificate by the Tahsildar.

¶4Sub-rule (1) and Sub-rule (2) of Rule 3-F of the Rules are relevant and are set out below: "3-F. Exemption of certain rules in case of ordinary building stone.–(1) Notwithstanding anything contrary contained in Chapter IV-A and schedule II-A of these rules, a quarry lease shall be granted for extraction of building stones manually, of extent two acres and below in case of

individuals and five acres and below in case of Registered Societies having all the members belonging to Schedule Caste or Schedule Tribes or Economically Weaker Section or Schedule Caste, Schedule Tribes, Economically Weaker Section and whose livelihood is dependent on quarrying of building stone by tradition in the lands belonging to the State Government, in accordance with the provisions of these rules.

(2) Every application for grant of quarry leases as specified in sub-rule (1) shall be made in Form-AQL along with the documents specified in the form to the jurisdictional Deputy Director or Senior Geologist of Department of Mines and Geology shall be accompanied by non-refundable application fee of rupees one thousand, in the form of treasury challan: Provided that, the Tahsildar of the concerned taluk in which the person resides or where the registered society of such person is located shall be competent to certify with regard to the eligibility of person or registered society of such persons belongings to traditional quarry operators or economically weaker section. Provided further that, no person or registered society shall be eligible for making application for quarrying lease to be granted under this rule, if he or a member of his family or if the concerned registered society, as the case may be, already holds another quarrying lease in the District or anywhere else in the State of Karnataka.

¶5It is apparent from the plain reading of Rule 3-F(1) that it provides for grant of quarry lease for extraction of building stone manually to individuals and registered societies formed by such individuals, belonging to Schedule Caste or Schedule Tribes or Economically Weaker Section or Schedule Caste, Schedule Tribes, whose livelihood is dependent on quarrying of building stones by tradition in the lands belonging to the State Government. It is,

therefore, necessary for the person claiming to be engaged in quarrying of building stone by tradition to furnish documents in support of the said qualification. In terms of Sub-rule (2) of Rule 3-F of the Rules, every application for a quarry lease as specified in Sub-rule (1) of Rule 3-F of the Rules, is required to be made in Form-AQL. Entry 18 of the said form is relevant and is set out below. "FORM-AQL" **

**

** If so, persons belonging to Schedule Caste/Schedule Tribes or Registered Society of such persons,/physically challenged (Physically disabled)/ economically weaker section and traditional quarry operator by Profession shall produce a Certificate from the concerned Taluk Tahsildar or concerned Competent Authority.

¶6A plain reading of the said entry also clearly indicates that the application is required to be accompanied by a certificate from the concerned Taluk Tahsildar or the Competent Authority to the effect that the applicant is a traditional quarry operator by profession, apart from certifying that the person belongs to a Scheduled Caste or the Scheduled Tribe or satisfies the criteria as mentioned in the said entry.

¶7In view of the above, we find no merit in the contention that the petitioner was not required to furnish any certificate from the Tahsildar or Competent Authority along with the application in Form-AQL.

¶8We find no infirmity in the impugned endorsement. The petition is, accordingly, dismissed.

Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (C.M. POONACHA) JUDGE

KMV List No.: 2 Sl No.: 7