Karnataka High Court
WP/9394/2026 of SRI SHASHIDHARA K M Vs THE STATE OF KARNATAKA on 30 April 2026
NC: 2026:KHC:24360-DB WP No. 9394 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 9394 OF 2026 (GM-MM-S) BETWEEN: 1. SRI SHASHIDHARA K.M.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 9394 OF 2026 (GM-MM-S)
BETWEEN:
1.
SRI SHASHIDHARA K.M.
S/O MANJAPPA
AGED ABOUT 47 YEARS
OCC: BUSINESS
POTHALAKATTE VILLAGE AND POST
HARAPANAHALLI TALUK
VIJAYANAGARA DISTRICT - 583 131
…PETITIONER
(BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF COMMERCE
AND INDUSTRIES
M.S. BUILDING
BENGALURU - 560 001
2.
THE DIRECTOR
MINES AND GEOLOGY DEPT.
KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560 001
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
HC-KAR
3.
THE SENIOR GEOLOGIST
DEPT. OF MINES AND GEOLOGY
VIJAYANAGARA DISTRICT
KHANIJA BHAVANA
7TH WARD, (SADASHIVANAGAR)
M.P. PRAKASH NAGAR
HOSAPETE - 583 201
4.
THE CHIEF INSPECTOR/
THE DIRECTOR GENERAL OF
MINES SAFETY (DGMS)
MINISTRY OF LABOUR AND
EMPLOYMENT BELLARY
REGION NO.1
BELLARY - 583 104
…RESPONDENTS
(SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR
RESPONDENT NOS.1 TO 3
SRI H. SHANTHI BHUSHAN, DSGI FOR R-4 )
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING THE RESPONDENT No.4 TO CONSIDER AND
PASS
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ORDER
ON THE REPRESENTATION DATED 23/28.01.2026 FILED BY THE PETITIONER FOR SEEKING APPOINTMENT OF NEW MINE MANAGER IN PLACE OF SRI LINGAIAH TO LOOKAFTER/ SUPERVISE THE QUARRY AREA OF THE PETITIONER BY EXERCISING THE POWERS CONFERRED UNDER SECTION 34 OF METALLIFEROUS MINES REGULATIONS 1961 IN THE ENDS OF JUSTICE AND EQUITY (ANNEXURE-D) AND 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 MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition, inter alia, praying as under: "(i) To issue a writ of mandamus or any other writ or direction, directing the respondent No.4 to consider and pass order on the Representation dated 23/28-01-2026 filed by the petitioner for seeking appointment of new Mine Manager in place of Sri. Lingaiah to Lookafter / Supervise the quarry area of the petitioner by exercising the powers conferred under Section 34 of Metalliferous Mines Regulations 1961 in the ends of justice and equity (Annexure-D).
(ii) Issue a writ of mandamus or any other writ or direction, directing the respondent No.4 pursuant to Representation dated 23/28-01-2026 (Annexure-D) permit the petitioner under Section 17 of Mines Act, 1952 to appoint Sri. Imam Basha Meji as Mine Manager who is Mine Foreman's Certificate Holder to Lookafter / Supervise the quarry area of the petitioner in the ends of justice and equity."
2. The petitioner essentially seeks that Sri Imam Basha Meji be appointed as the Mine Manager in place of Sri Lingaiah under Section 34 of the Metalliferous Mines Regulations, 1961.
3. The learned Deputy Solicitor General of India appearing for respondent No.4 submits that any application for change in the
HC-KAR
Manager is required to be made online. He refers to a letter dated 26.01.2018, whereby it is directed that "all permissions, relaxations, and exemptions shall be accepted and dealt only by online mode from 01st November 2018 onwards". He submits that if a request/ application is made online in accordance with law, the same would be considered.
4. The learned counsel appearing for the petitioner submits that the present petition be disposed of with a liberty to the petitioner to make an online request/application.
5. The present petition is disposed of with the aforesaid liberty.
6. Needless to say that if an online application is made in accordance with the applicable law, the same would be considered.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
AHB List No.: 2 Sl No.: 45