Case Note & Summary
The petitioners, legal representatives of the original lessee, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 06.03.2019 issued by the Director and Competent Authority, Department of Mines and Geology, rejecting their request for extension of a quarry lease (QL-41) over 3-20 acres in Survey No.26 of Maddakkanahalli village, Sira Taluk, Tumakuru District. The endorsement rejected the renewal on the ground that the quarry area falls in Survey No.26, which is a lake and within the jurisdiction of the Minor Irrigation Department. The petitioners contended that this ground was already considered at the time the lease was granted to their predecessor. They relied on a report of the Chief Engineer, Minor Irrigation Department, appointed as Court Commissioner, which stated that as per tank pahani details, the tank had not received water since 1967-68 and there were sufficient sources for drinking water. The court held that the rejection was unsustainable as the Commissioner's report indicated the lake was non-functional. The court quashed the endorsement and directed the Director and Competent Authority to reconsider the petitioners' application for renewal in light of the Commissioner's report and pass appropriate orders within a specified period.
Headnote
A) Mines and Minerals - Quarry Lease Renewal - Lake Classification - The rejection of renewal of quarry lease on the ground that the area falls in a lake is unsustainable when the lake has not received water since 1967-68 and there are sufficient sources for drinking water, as per the Court Commissioner's report. The Director and Competent Authority must reconsider the application in light of the Commissioner's report. (Paras 1-4)
Issue of Consideration
Whether the rejection of the petitioners' request for extension of quarry lease on the ground that the area falls in a lake is sustainable when the lake has not received water since 1967-68 and there are sufficient sources for drinking water.
Final Decision
The writ petition is allowed. The impugned endorsement dated 06.03.2019 is quashed. The Director and Competent Authority is directed to reconsider the petitioners' application for renewal of quarry lease in light of the Commissioner's report and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.
Law Points
- Renewal of quarry lease cannot be denied on ground that area falls in lake if lake has not received water for decades and sufficient drinking water sources exist
- Court Commissioner's report is relevant evidence
- Endorsement without considering material evidence is unsustainable
Case Details
2026 LawText (KAR) (06) 26
Writ Petition No. 8139 of 2024 (GM-MM-S)
Vibhu Bakhru, Chief Justice, C.M. Poonacha, Justice
Sri Ravindra Gajanan Kolle (for petitioners), Smt. Niloufer Akbar (for respondents)
Anusuyamma and B.G. Maruti Prasad
State of Karnataka, Secretary to Government Department of Commerce and Industries, Director and Competent Authority Department of Mines and Geology, Chief Engineer and Court Appointed Commissioner Minor Irrigation Department
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement rejecting renewal of quarry lease.
Remedy Sought
Quashing of endorsement dated 06.03.2019 rejecting extension of quarry lease and direction to renew the lease.
Filing Reason
The petitioners' request for extension of quarry lease was rejected on the ground that the area falls in a lake.
Previous Decisions
The Director and Competent Authority issued an endorsement dated 06.03.2019 rejecting the renewal.
Issues
Whether the rejection of renewal of quarry lease on the ground that the area falls in a lake is sustainable when the lake has not received water since 1967-68 and there are sufficient sources for drinking water.
Submissions/Arguments
Petitioners argued that the ground of lake was already considered at the time of grant of lease and relied on the Court Commissioner's report showing the lake had not received water since 1967-68.
Respondents contended that the area falls in a lake and within the jurisdiction of Minor Irrigation Department.
Ratio Decidendi
The rejection of renewal of quarry lease on the ground that the area falls in a lake is unsustainable when the lake has not received water for decades and there are sufficient sources for drinking water, as per the Court Commissioner's report. The authority must consider all relevant material before passing an order.
Judgment Excerpts
A plain reading of the impugned endorsement indicates that the petitioners' request for renewal of QL-41 was rejected on the ground that the quarry area falls in Survey No.26, which is a lake and within the jurisdiction of the Minor Irrigation Department.
The principle question to be decided is whether the rejection of the petitioners' request for extension of quarry lease on the ground that the area falls in a lake is sustainable when the lake has not received water since 1967-68 and there are sufficient sources for drinking water.
Procedural History
The petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 06.03.2019 rejecting their request for extension of quarry lease. The petition was heard and reserved for orders on 01.04.2026, and judgment was pronounced on 12.06.2026.
Acts & Sections
- Constitution of India: Articles 226, 227
