Karnataka High Court
WP/14076/2026 of M/S ODOOR BIO PRODUCTS Vs STATE OF KARNATAKA on 30 April 2026
NC: 2026:KHC:24303-DB WP No. 14076 of 2026 C/W WP No. 14099 of 2026 WP No. 14128 of 2026 AND 5 OTHERS 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
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. 14076 OF 2026 (GM-MM_S)
C/W
WRIT PETITION NO. 14099 OF 2026 (GM-MM_S)
WRIT PETITION NO. 14128 OF 2026 (GM-MM_S)
WRIT PETITION NO. 14212 OF 2026 (GM-MM_S)
WRIT PETITION NO. 14242 OF 2026 (GM-MM_S)
WRIT PETITION NO. 14252 OF 2026 (GM-MM_S)
WRIT PETITION NO. 14257 OF 2026 (GM-MM_S)
WRIT PETITION NO. 14267 OF 2026 (GM-MM_S)
IN WP No. 14076/2026
BETWEEN:
M/S ODOOR BIO PRODUCTS
REGD. UNDER THE PARTNERSHIP ACT
REPRESENTED BY ITS PARTNER
UNNATH R NAIK,
AGED ABOUT 28 YEARS,
NO.2/66, TENKA YEDAPADAVU,
GANJIMATA,
MANGALURU TALUK,
DAKSHINA KANNADA-574265
…PETITIONER
Digitally
signed by
NIRMALA
DEVI
Location: High
Court of
Karnataka
HC-KAR
AND:
1.
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560001.
2.
SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
GROUND FLOOR,
PRAJASUDHA LAYOUT,
PADIL- MANGALORE. -574265
…RESPONDENTS
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER
OR DIRECTION IN THE NATURE OF MANDAMUS DECLARING
TO PASS APPROPRIATE ORDERS TO UNLOCK THE ILMS
PORTAL IN RESPECT OF THE PETITIONERS LEASE AND
PERMIT THE PETITIONER TO GENERATE PERMITS TO
FACILITATE THE TRANSPORTATION OF THE LATERITE IN
RESPECT OF THE LEASE BEARING NO.DSKNS-462 DATED
20/12/2025 (ANNEXURE-F).
IN WP NO. 14099/2026
BETWEEN:
M/S. ODOOR BIO PRODUCTS
REGD. UNDER THE PARTNERSHIP ACT
REPRESENTED BY ITS PARTNER
UNNATH R NAIK,
AGED 28 YEARS,
HC-KAR
NO.2/66, TENKA YEDAPADAVU,
GANJIMATA, MANGALURU TALUK,
DAKSHINA KANNADA-574265
AND:
1.
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560001.
2.
SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
GROUND FLOOR,
PRAJASUDHA LAYOUT,
PADIL- MANGALORE. -574265
GENERATE
PERMITS
TO
FACILITATE
THE
TRANSPORTATION OF THE LATERITE IN RESPECT OF
THE LEASE BEARING NO.DSKNS409 DATED 13/07/2021
(ANNEXURE-F)
HC-KAR
BETWEEN:
MOHAMMAD RIYAZ
S/O K ABDUL KHADER
AGED ABOUT 43 YEARS,
KODIJAL HOUSE,
KONAJI POST,
MANGALURU TALUK- 574199
AND:
1.
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560001.
2.
SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
GROUND FLOOR,
PRAJASUDHA LAYOUT,
PADIL- MANGALORE-574 199.
GENERATE
PERMITS
TO
FACILITATE
THE
HC-KAR
THE LEASE BEARING NO.DSKNS438 DATED 18/05/2023
(ANNEXURE-F).
IN WP NO. 14212/2026
BETWEEN:
M/S. REDSTONE TRADING CORPORATION
REGD. UNDER THE PARTNERSHIP ACT
REPRESENTED BY ITS PARTNER
MOHD. FAYAZ,
AGED ABOUT 40 YEARS,
D. NO. 1-53, M S COMPLEX,
MUDIPU, KARNAD POST,
BANTWAL - 574265.
AND:
1.
STATE OF KARNATAKA
REPRESENTED THROUGH
THE DIRECTOR,
DEPARTMENT OF MINES AND
GEOLOGY, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560001.
2.
SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
GROUND FLOOR,
PRAJASUDHA LAYOUT,
PADIL- MANGALORE. 575007
HC-KAR
GENERATE
PERMITS
TO
FACILITATE
THE
TRANSPORTATION OF THE LATERITE IN RESPECT OF
THE LEASE BEARING NO.DKD-399 DATED 13/12/2018
ANNEXURE-F.
IN WP NO. 14242/2026
BETWEEN:
M/S. REDSTONE TRADING CORPORATION
REGD. UNDER THE PARTNERSHIP ACT
REPRESENTED BY ITS PARTNER
MOHD. FAYAZ, AGED ABOUT 40 YEARS,
D. NO. 1-53, M S COMPLEX,
MUDIPU, KARNAD POST,
BANTWAL - 574231.
AND:
1.
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560001.
2.
SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
GROUND FLOOR,
PRAJASUDHA LAYOUT,
HC-KAR
PADIL- MANGALORE. 575007
GENERATE
PERMITS
TO
FACILITATE
THE
TRANSPORTATION OF THE LATERITE IN RESPECT OF
THE LEASE BEARING NO.DSKNS458 DATED 08.12.2025
(ANNEXURE-F).
IN WP NO. 14252/2026
BETWEEN:
M/S ODOOR BIO PRODUCTS
REGD. UNDER THE PARTNERSHIP ACT
REPRESENTED BY ITS PARTNER
UNNATH R NAIK,
AGED ABOUT 28 YEARS,
NO.2/66, TENKA YEDAPADAVU,
GANJIMATA, MANGALURU TALUK,
DAKSHINA KANNADA-574265
AND:
1.
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
HC-KAR
2.
SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
GROUND FLOOR, PRAJASUDHA LAYOUT,
PADIL- MANGALORE. -574265
GENERATE
PERMITS
TO
FACILITATE
THE
TRANSPORTATION OF THE LATERITE IN RESPECT OF
THE LEASE BEARING NO.DSKNS437 DATED 06.04.2023
(ANNEXURE-E).
IN WP NO. 14257/2026
BETWEEN:
M/S. REDSTONE TRADING CORPORATION
REGD. UNDER THE PARTNERSHIP ACT
REPRESENTED BY ITS PARTNER
MOHD. FAYAZ, AGED ABOUT 41 YEARS,
D. NO. 1-53, M S COMPLEX,
MUDIPU, KARNAD POST,
BANTWAL - 574265.
AND:
1.
DEPARTMENT OF MINES AND
GEOLOGY, KHANIJA BHAVAN,
HC-KAR
RACE COURSE ROAD,
BENGALURU-560001.
2.
SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
GROUND FLOOR, PRAJASUDHA LAYOUT,
PADIL- MANGALORE. 575007
GENERATE
PERMITS
TO
FACILITATE
THE
TRANSPORTATION OF THE LATERITE IN RESPECT OF
THE LEASE BEARING NO.DSKNS451 DATED 08.01.2024
(ANNEXURE-F).
IN WP NO. 14267/2026
BETWEEN:
MOHAMMAD RIYAZ
S/O K ABDUL KHADER
AGED ABOUT 43 YEARS,
KODIJAL HOUSE, KONAJI POST,
MANGALURU TALUK- 574199
AND:
1.
DEPARTMENT OF MINES AND GEOLOGY,
HC-KAR
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560001.
2.
SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
GROUND FLOOR, PRAJASUDHA LAYOUT,
PADIL- MANGALORE 574199
GENERATE
PERMITS
TO
FACILITATE
THE
TRANSPORTATION OF THE LATERITE IN RESPECT OF
THE LEASE BEARING NO.DSKNS439 DATED 18.05.2023
(ANNEXURE-D).
THESE PETITIONS, COMING ON FOR PRELIMINARY
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
HC-KAR
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. These petitions have been filed by the petitioners who have been granted quarry lease for quarrying laterite. The petitioners have a common grievance that their ILMS code has been blocked and therefore, they are now disabled from transporting laterite mined by them. The tabular statement setting out the particulars of the respective leases granted to the petitioners is set out below:- Case No. Party/ License holder License no. Extent duration WP 14076/2026 Odoor Bio Products License bearing no. DSKNS 462 Dt. 20.12.2025 2.60 acres 5 years WP 14099/2026 Odoor Bio Products License bearing no. DSKNS 409 Dt. 13.07.2021 5 acres 20 years WP 14128/2026 Mohammad Riyaz License bearing no. DSKNS 438 Dt. 31.5.2023 2.07 acres 5 years WP 14212/2026 Redstone License bearing no. DKD 399 Dt. 13.12.2018 4.2 acres 20 years WP 14242/2026 Redstone License bearing no. DSKNS458 Dt. 8.12.2025 2.05 acres 5 years WP 14252/2026 Odoor Bio Products License bearing no. DKD 437 Dt. 6.04.2023
2.50 acres 10 years
HC-KAR
WP 14257/2026 Redstone License bearing no. DSKNS451 Dt. 8.1.2024 7.30 acres 10 years WP 14267/2026 Mohammad Riyaz License bearing no. DSKNS 439 Dt. 18.5.2023 1.4 acres 5 years
2. The learned Additional Government Advocate appearing for the respondents submits that the respective ILMS codes of the petitioners have been temporarily blocked is on account of controversy regarding the classification of the mineral that is available in the leased area. He submits that there is no issue in mining laterite if the mineral in the leased area is laterite, the petitioners can carry on their mining activities. However, if the mineral is aluminous laterite, that is laterite containing aluminous content of more than 30% or if on account of the chemical composition the mineral is classified as bauxite, which is a major mineral, the mining activity cannot be carried on. This is because in this eventuality, no mining lease could have been granted to the petitioners without the approval of the Central Government in view of the MMDR Act.
3. He however, concedes that no samples have been drawn as yet and no decision has been taken in this regard.
HC-KAR
4. In our view, since the petitioners are having valid leases, they cannot be interdicted from carrying on mining activities till the respondents come to a firm decision that the mineral available, which is being quarried, is a major mineral. As stated above, the same depends on the content of Al2O3, and the chemical composition of the available mineral.
5. In view of the above, we consider it apposite to direct the respondents to restore the petitioners' ILMS access. The respondents shall have the liberty to take samples to ascertain the aluminous content and the chemical composition of minerals from the various places in the leased area for the purposes of analysis. The respondents shall, thereafter taken an informed decision after affording the petitioners an opportunity to be heard.
6. We clarify 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 further steps as warranted in accordance with law.
HC-KAR
7. All rights and contentions of the parties are reserved. The petitions are disposed of with the aforesaid observations.
8. All pending applications are also disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
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