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.42690 OF 2018 (GM-MM-S) BETWEEN:
VIVEKANANDA SWAMY N.V. S/O N.MURUGENDRAPPA AGED ABOUT 66 YEARS NO.192, SREE SADANANDA 1ST MAIN, 6TH CROSS BASAVESWARA NAGARA BALLARI – 583 101 (BY SRI SHIVAKUMAR K.B., ADVOCATE) AND:
1. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 2. THE DEPUTY COMMISSIONER YADAGIRI DISTRICT YADAGIRI – 585 201 3. THE DEPUTY CONSERVATOR OF FOREST YADAGIRI REGIONAL DIVISION YADAGIRI – 585 201 4. THE GOVERNMENT OF KARNATAKA REPRESENTED BY IT’S SECRETARY (MSME & MINES) COMMERCE & INDUSTRIES DEPARTMENT ... PETITIONER VIKASA SOUDHA BENGALURU – 560 001 (BY SRI VIKRAM HUILGOL, HCGP) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE VIEW OF THE 2ND RESPONDENT DATED 27.06.2018 PRODUCED AT ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER After having heard learned advocate for both the parties and going through the pleadings, it is clear that alternative remedy is available to the petitioner under Rule 53 of the Karnataka Minor Mineral Concession Rules, 1994. Hence, this petition stands disposed of permitting petitioner to avail the alternative remedy.
All contentions are kept open. Pendency of this writ petition may be considered liberally while considering the delay in availing an alternative remedy.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB