IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.6980 OF 2017 (GM-MM-S) BETWEEN:
SMT. SHARMILA ASHOK DHUMAL, W/O ASHOK DUMALA, AGED ABOUT 46 YEARS, PROPRIETOR MALATESH STONE CRUSHER, R/AT VAIBHAVALAXMI PARK, HANAGAL ROAD, HAVERI DISTRICT – 581 110. (BY SRI. ANIL KUMAR J.M. ADV.,) ... PETITIONER AND 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BANGALORE – 560 001.
2. THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE – 560 001.
3. THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, HAVERI DISTRICT, HAVERI – 581 110.
4. THE EXECUTIVE ENGINEER, PROJECT IMPLEMENTING DIVISION, PROJECT IMPLEMENTING DIVISION, HAVERI DISTRICT, HAVERI – 581 110.
... RESPONDENTS (BY SRI.A.M.SURESH REDDY, AGA) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 22.09.2016 PASSED BY R3 VIDE ANNEXURE – L TO W.P. DECLARING THE SAME AS ILLEGAL AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. Shri. J.M.Anil Kumar, learned Advocate for petitioner submits that subject matter of this writ petition is similar to the subject matter in W.P. No. 31747/2017(GM-MM-S) DD 24.01.2019. Accordingly, he prays this writ petition may be disposed of with similar directions.
3. Shri. A. M. Suresh Reddy, learned AGA has no objections.
4. Accordingly, this petition is disposed of with the following directions:
(a) The petitioner is permitted to approach the Revisional Authority by way of revision as provided under Rule 53 of the Karnataka Minor Mineral Concession Rules 1994;
(b) The Revisional Authority shall consider the Revision Petition on merits, if such a petition is filed within four weeks from today;
(c) Any amount paid either by the petitioner or his agent shall be taken into consideration by the Revisional Authority while disposing of the revision petition.
All contentions of both the parties are kept open.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK