- 1 - NC: 2025:KHC:5417-DB WP No. 25610 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH 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.25610 OF 2023 (GM-MM_S) BETWEEN: 1. SRI S. ERANNA S/O LATE SATHYAPPA VADDAR AGED ABOUT 43 YEARS R/AT HOUSE NO.4/4/17 MUDAGAL VILLAGE LINGASAGUR TALUK RAICHUR DISTRICT-584 125. …PETITIONER (BY SRI GANAPATHY BHAT (BHAT GANAPATHY NARAYANA), ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:5417-DB WP No. 25610 of 2023 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001. 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAICHUR DISTRICT RAICHUR-584 101. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE ORDER BY QUASHING THE IMPUGNED ENDORSEMENT DATED 30.09.2021 BEARING SL.NO.CI/567/MMN/2020, AS PER ANNEXURE-K, ISSUED BY THE 1ST RESPONDENT AND CONSEQUENTLY QUASH THE IMPUGNED ENDORSEMENT DATED 08/11.10.2021, BEARING SL.NO.GA.BHU.E/U. NI(KA.A) RAI/KA.GA.GHU-1/KA.GA.GHU.A-03/14/2021-22/5551- 5552, ISSUED BY THE 2ND RESPONDENT, AS PER ANNEXURE-L, IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:5417-DB WP No. 25610 of 2023 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 petitioner made an application dated 08.04.2014 for grant of quarry lease to excavate the gray granite in Survey No.404/1/1 admeasuring 3 acres situated at Mudugal village, Lingasugur Taluka, Raichur District. As the said application was not favourably responded to, it appears from the facts stated in the pleadings that the petitioner had an occasion to file petitions more than two times earlier. 2. What is challenged in this petition is the order/endorsement dated 30.09.2021 issued by respondent No.1-Department of Commerce and Industries. It is also prayed to set aside, along with the said endorsement dated 30.09.2021, the endorsement/order dated 08/11.10.2021 issued by respondent No.2. 3. It is next prayed for a direction to respondent No.1 to consider the application of the petitioner dated 08.04.2014 in light of the order dated 28.02.2023 and subsequent Circular dated 24.07.2023. - 4 - NC: 2025:KHC:5417-DB WP No. 25610 of 2023 3.1 The endorsement/order dated 30.09.2021, whereby the Competent Authority decided to reject all the applications for grant of quarry lease similarly made as that of the petitioner, which was based on the endorsement of the Revenue Department dated 10.03.2021. It was on the ground that the quarry lease could not be granted in the kharaba land. Consequential order dated 08/11.10.2021 came to be passed specifically rejecting the case of the petitioner stating that the application could not be considered in light of the opinion of the Revenue Department dated 10.03.2021 and that in the land which was kharaba land the quarry could not be granted. 4. Learned advocate Mr. Ganapathy Bhat for the petitioner pointed out from the record that the decision reflected in the order/endorsement dated 30.09.2021, whereby decision was taken to reject all such applications came to be enured as per the government order dated 28.02.2023. The said order dated 28.02.2023 figures on record (Annexure-M page 117). 4.1 It is a communication from the Secretary, Department of Commerce and Industries (MSME and Mining) to the Director of the Department of Mines and Geology wherein it is stated inter alia - 5 - NC: 2025:KHC:5417-DB WP No. 25610 of 2023 that considering the provisions of Rule 8-B(2)(d) and 8-B(2)(d-1) of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, the order/endorsement dated 30.09.2021 as well as the endorsement of the Revenue Department dated 10.03.2021 have been revoked. 4.2 It was stated that the order/endorsement dated 30.09.2021 and the endorsement of the Revenue Department dated 10.03.2021 have been revoked. The revocation comes pursuant to the opinion/endorsement of the Revenue Department dated 21.02.2023. 5. In that view, the position obtained is that the order dated 30.09.2021 on the basis of which the request of the petitioner was rejected and not considered is no more in operation having been revoked by subsequent endorsement dated 21.02.2023 aforementioned. 6. In light of the above operative facts, learned Government Advocate Mr. K.S.Harish made a statement that the application of the petitioner shall be now considered on its merits in light of the above position obtained. Accordingly, this petition is disposed of - 6 - NC: 2025:KHC:5417-DB WP No. 25610 of 2023 by directing the respondents to act through their Competent Authority and decide the application of the petitioner in accordance with law within a period of eight weeks from today. 7. It is clarified that since further development has taken place in the nature of the Government order dated 28.02.2023, while considering the application of the petitioner for grant of quarry lease, the endorsement/order dated 08/11.10.2021 shall have no efficacy. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 29