Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7958-DB WP No. 10033 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 10033 OF 2024 (GM-MM_S) BETWEEN:
1. SRI K. MANOHAR S/O. K. DODDARAMAIAHA, AGED ABOUT 27 YEARS, PROPRIETOR, M/S. VASUNDARA MINES AND MINERALS NEAR THAYAMMA TEMPLE D.N.81, KONDAMMA STREET, BELLARY - 583 101. …PETITIONER (BY SRI. B.B. SAGAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, VIDANASOUDHA, BANGALORE - 01, REPRESENTED BY ITS SECRETARY
2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 01. 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, CHITHRADURGA DISTRICT, CHITHRADURGA - 577 501. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA)
Digitally signed by CHAITHRA Location: High Court of Karnataka
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NC: 2025:KHC:7958-DB WP No. 10033 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE SECOND RESPONDENT HEREIN TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 28.07.2008 FOR GRANT OF MINING LICENSE VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The only prayer made in this petition filed under Article 226 of the Constitution was to direct respondent No.2-authority to consider the application of the petitioner dated 28.07.2008 for grant of mining license. The application which is prayed to be considered is produced at Annexure -A.
2. Today when the petition came up for consideration, learned Additional Government Advocate filed a memo dated 21.02.2025 along with which, the endorsement/order dated 04.06.2016 issued by respondent No.2-the Director, Department of Mines and Geology, Bengaluru, is produced, whereby the petitioner's application was treated ineligible. - 3 -
NC: 2025:KHC:7958-DB WP No. 10033 of 2024
3. Since the only prayer in this petition was for consideration of the application and the same is considered as per the endorsement/order as above, the petition does not survive for any further adjudication. 4. At this stage, learned advocate Mr.
B.B. Sagar for the petitioner requested the court that liberty may be reserved for the petitioner to challenge the aforementioned endorsement/order dated 04.06.2016 for its merits. 4.1 It is observed in the above regard that the petitioner shall be at liberty to institute appropriate independent proceedings to challenge the said endorsement/order on its merits, in accordance with law in respect of merit of which this court does not express any opinion. 5. With the above observations, the petition is disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (M.I.ARUN) JUDGE CR/ List No.: 1 Sl No.: 5