IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 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.14409 OF 2019 (GM-MM-S) BETWEEN:
SRI. V. B. SHANMUKHA BHOVI S/O. SRI. SANNA BHOOTA BHOVI AGED ABOUT 55 YEARS RESIDING AT THIRUMALA NILAYA BEHIND VENKATASWAMY TEMPLE N. H. ROAD, KADURU TOWN CHIKKAMAGALURU DISTRICT-577 548 ... PETITIONER (BY SRI N. R. NAIK, ADV.) AND:
1.STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT (MSME AND MINES) VIKASA SOUDHA BANGALORE-560 001 2.DIRECTOR / COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560 001 3.THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY OFFICE OF THE SENIOR GEOLOGIST OFFICE OF THE SENIOR GEOLOGIST CHIKKAMAGALURU-577 101 ... RESPONDENTS (BY SRI BHANUPRAKASH V.G., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DATED 28.06.2017, ISSUED BY THE R-3 I.E., ANNEXURE-C AS BEING VIOLATED OF ARTICLE 14 AND 19 OF THE CONSTITUTION OF INDIA; DIRECT R-3 TO RE-CONSIDER THE APPLICATION OF THE PETITIOENR AND TO PASS APPROPRIATE ORDERS ALLOWING THE APPLICATION OF THE PETITIONER FOR GRANT OF QUARRYING LEASE/QUARRYING LICENSE IN RESPECT OF LAND BEARING SY.NO.51/3, MEASURING INTO EXTENT 1 ACRE 20 GUNTAS, SITUATED AT VADERAHALLI VILLAGE, YAGATI HOBLI, KADURU TALUK;
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard Shri N.R. Naik, learned advocate for petitioner and Shri. V.G.Bhanuprakash, learned AGA for the State.
2. Petitioner was granted with mining lease to extract building stones from 16.02.2009 till 15.02.2014. Nearly three years after the expiry of the mining lease period, petitioner submitted his application for renewal of quarrying lease on 25.02.2017. The same was rejected. He challenged the said order before the Revisional Authority. Revisional Authority by its order dated 20.04.2017 also rejected the application. Hence, this petition.
3. Shri Bhanuprakash V.G. learned AGA submits that the application for mining renewal requires to be filed 90 days prior to the expiry as per Rule 21 of Karnataka Minor Minerals Concession Rules, 1994. In the instant case, petitioner has filed application after three years of expiry of the mining lease. The Revisional Authority, having considered the same, in revision petition No.163/2016-17 has rightly rejected the application.
No exception can be taken to the reasons recorded by the Revisional Authority in the instant petition. Under these circumstances, this petition is dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HR