WP/15996/2026 of SRI KEVIN PRASHANTH D SOUZA Vs STATE OF KARNATAKA on 26 May 2026

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV)

The petitioner has sought for access to the petitioner’s portal in respect of quarrying lease dated 11.04.2022. The petitioner has also sought for a direction to the respondents to restore the ILMS access to the petitioner and facilitate mineral dispatch permit in respect of petitioner quarry lease bearing No.436, dated 11.04.2022 at Annexure- B.

2. The learned Additional Government Advocate appearing for the State submits that the issue stands squarely covered by the order of the Co-ordinate Bench of this Court in the case of M/s. Excel Mining and Logistics Vs. State of Karnataka & Ors., passed in W.P.No.15612/2026, dated 19.05.2026. The relevant observations made in W.P.No.15612/2026 at paragraph Nos.1 to 4 reads as follows:- “1. Petitioner herein is before this Court seeking for the following reliefs:

"A. Issue writ of mandamus directing the Respondents to restore the ILMS access to

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the Petitioner and facilitate Mineral Dispatch Permit in respect of Petitioner quarry lease No.DSKNS 456, 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, in the interest of justice and equity. B. Pass such other writ or order as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity".

2. The lis in the present matter has already been considered and decided by a Co ordinate bench, vide its order dated 30.04.2026 in WP No.14076/2026 and connected matters. Wherein the Co-ordinate Bench has categorically held that until there is a evaluation of the composition of the mineral which is made and it is ascertained that aluminous content is more than 30%, there could not be any restriction which could be imposed as that done by the circular impugned in the present matter. The Co-ordinate Bench has clarified that, if the concerned authorities come to the conclusion on the basis of the chemical composition that the mineral in question is a major mineral, then they are at liberty to close the ILMS access and take such further steps as warranted in accordance with law and left all the rights and contentions of the parties open.

3. The said decision would be equally applicable to the present matter. Reserving liberty to the respondents to conduct a composition analysis of the mineral as indicated in the order dated 30.04.2026 in WP No.14076/2026 and other connected matters, the above petition stands disposed of.

4. It is needless to say, the respondents are directed to re-open the ILMS to facilitate the access of the petitioner to the ILMS until the above actions are completed by the respondents.”

3. Taking note of the stand of the respondent-State, the present petition is also disposed of on the same terms in

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W.P. No.15612/2026 as well as W.P.No.14076/2026 and other connected matters at Annexure–A. Accordingly, the respondents are directed to restore petitioner's ILMS access. The respondents, however, are at liberty to take samples to ascertain the aluminous content and the chemical composition of minerals from various places in the leased area for the purposes of analysis and thereafter, take a decision after affording the petitioner an opportunity of being heard.

4. It is clarified that, if the concerned Authorities come to the conclusion on the basis of the chemical composition that the mineral in question is a major mineral, they are at liberty to close the ILMS access and take such other steps as warranted in accordance with law.

5. Accordingly, the petition is disposed of. All other contentions of the parties are kept open.

6. Accordingly, subject to the above observations, the respondents are directed to re-open the ILMS to facilitate access of the petitioner to ILMS until further action is taken or

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completed by the respondents in terms of the observations made above.

Sd/- (S SUNIL DUTT YADAV) JUDGE

Sd/- (S RACHAIAH) JUDGE

JS/- List No.: 1 Sl No.: 49