Karnataka High Court
WP/26382/2026 of SHRI R SHIVAKUMAR Vs THE STATE OF KARNATAKA on 30 September 2026
CNR: KAHC010586462026 NC: 2026:KHC:54250-DB WP No. 26382 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 26382 OF 2026 (GM-MM-S)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 26382 OF 2026 (GM-MM-S)
BETWEEN:
1.
SHRI R. SHIVAKUMAR
SON OF LATE A. RAJU
AGED ABOUT 50 YEARS
MURUGAN COLONY
KADUR TOWN
CHIKAMAGALURU DISTRICT – 577 548
…PETITIONER
(BY SRI MAHENDRA S.S., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU – 560 001
2.
THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN
NO.49, RACE COURSE ROAD
BENGALURU – 560 001
Digitally
signed by
VEERENDRA
KUMAR K M
Location:
High Court of
Karnataka
HC-KAR
3.
THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
CHIKKAMAGALURU DISTRICT
CHIKAMGALURU – 577 101
…RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, DECLARING THE GOVERNMENT OF KARNATAKA
NOTIFICATION NO. CI-MMN/48/2024 DATED 30.12.2024 PRODUCED
AT
ANNEXURE-A
-
THE
KARNATAKA
MINOR
MINERAL
CONCESSION (AMENDMENT) RULES, 2024, INSOFAR AS IT
INSERTS THE CONDITION THAT “AND ALSO SUBJECT TO THE
CONDITION THAT RENEWAL APPLICATION FOR THE EXPIRED
LEASE HAD BEEN MADE BY THE LESSEE WITHIN STIPULATED
TIME” AS ULTRA VIRES, VIOLATIVE OF ARTICLES 14 AND 19(1)(g)
OF THE CONSTITUTION OF INDIA, ARBITRARY, UNREASONABLE
AND
CONSEQUENTLY
STRIKE
DOWN
THE
SAID
AMENDMENT/CONDITION & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
Citations and Judicial Treatment
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The learned counsel appearing for the petitioner submits that the issue involved in the present petition is covered against the petitioner by a decision of this Court in W.P.No.9097/2026 (GM- MM-S) captioned as M.N.Sathish v. The State of Karnataka and Others1.
2. The petition is dismissed in terms of the orders passed by this Court in M.N.Sathish (supra).
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE KMV List No.: 2 Sl No.: 3
1 NC: 2026:KHC:37624-DB