Karnataka High Court
Umesh Salian vs State Of Karnataka on 19 May, 2026
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 15616 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MAY, 2026
PRESENT
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT PETITION NO.15616 OF 2026 (GM-MM_S)
BETWEEN:
UMESH SALIAN
AGED ABOUT 55 YEARS
S/O B M BABU BELCHADA,
1-253/2, BENJANPADAV POST,
AMMUNJE VILLAGE,
BANTWALA TALUK,
DAKSHINA KANNADA DISTRICT-574 219.
...PETITIONER
Digitally signed by (BY MS. ANUPARNA BORDOLOI, ADVOCATE)
VIJAYALAKSHMI
BN
Location: HIGH AND:
COURT OF
KARNATAKA 1. STATE OF KARNATAKA
REPRESENTED BY THE DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
2. SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
GROUND FLOOR,
PRAJASUDHA LAYOUT,
MANGALURU-574 265.
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...RESPONDENTS
(BY SRI. MOHAMMAD JAFFAR SHAH, AGA)
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 QUASHING THE STATE OF KARNATAKA CIRCULAR DATED
25.03.2026 (ANNEXURE-E) TO THE EXTENT IT SEEKS TO REVIEW OF
THE EXISTING MINOR MINERAL LEASES WITHOUT FOLLOWING THE
PROCEDURE AS CONTEMPLATED UNDER THE MMDR ACT, 1957 AND
KMMCR, 1994 AND ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENT No. 2 TO CONSIDER THE PETITIONERS
REPRESENTATION DATED 13.05.2026 (ANNEXURE-G) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
and
HON'BLE DR. JUSTICE K.MANMADHA RAO
ORAL ORDER
(PER: HON’BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Petitioner herein is before this Court seeking for the
following reliefs:
“a) Issue a writ of certiorari or any other appropriate
writ, order or direction quashing the State of Karnataka
Circular dated 25.03.2026 (Annexure E) to the extent it
seeks to review of the existing minor mineral leases
without following the procedure as contemplated under
the MMDR Act, 1957 and KMMCR, 1994;
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b) Issue a writ of mandamus directing the Respondent
No. 2 to consider the Petitioner’s representation dated
13.05.2026 (Annexure G);
c) Issue a writ of mandamus directing the Respondents
to forthwith unlock and restore the ILMS portal access
pertaining to Quarrying Lease No. DSKNS457 dated
10.11.2025 (Annexure C) and permit the Petitioner to
generate transport permits for Laterite Grade-A mineral;
d) Issue any appropriate writ, order or direction
declaring that the action of the Respondents in blocking
the ILMS portal access of the Petitioner without notice or
hearing is highly arbitrary, illegal and violative of Article
14, Article 19 (1)(g), Article 21 and Article 300A of the
Constitution of India.
e) Issue a writ of mandamus directing the Respondents
to permit the Petitioner to continue quarrying and
transportation activities in accordance with Quarrying
Lease No. DSKNS457 (Annexure C) during the
subsistence of the lease period;
f) Direct that in the event of any dispute regarding
classification of mineral, samples may be drawn and
appropriate determination be made only after affording
opportunity of hearing to the Petitioner;
g) Grant such other reliefs as this Hon’ble Court deems
fit in the interests 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
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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.
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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.
SD/-
(SURAJ GOVINDARAJ)
JUDGE
SD/-
(DR.K.MANMADHA RAO)
JUDGE
GSR
List No.: 1 Sl No.: 35
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