- 1 - NC: 2025:KHC:781-DB WP No. 25628 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 25628 OF 2023 (GM-MM_S) BETWEEN: 1. A MANJUNATH S/O A V AKKALAREDDY AGED ABOUT 43 YEARS R/O ADAGALLU VILLAGE MANDIKALLU POST-562 104 CHIKKABALLAPURA TALUK & DISTRICT …PETITIONER (BY SRI. SHIVA KUMAR K.B., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY(MSME & MINES) COMMERCE & INDUSTRIES DEPARTMENT VIKASA SOUDHA, BENGALURU-560 001. 2. ADDITIONAL CHIEF SECRETARY CHAIRMAN, RULE 11 COMMITTEE COMMERCE & INDUSTRIES DEPARTMENT VIKASA SOUDHA, BENGALURU-560 001. 3. THE DIRECTOR, DEPARTMENT OF MINES & GEOLOGY Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:781-DB WP No. 25628 of 2023 NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001. 4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY CHIKKABALLAPURA-562 101. 5. P KEMPANNA S/O PAPANNA AGED ABOUT 52 YEARS R/O PATHUR MANDIKALLU HOBLI CHIKKABALLAPURA-562 101. …RESPONDENTS (BY SRI. K.S.HARISH, GA FOR R1 TO R4; SRI. PRAKASH B.S., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING ANNEXURE-A IN No.GaBhuE/UNi(Kha.Aa)/KaGaGu/KaGaGuAaSa-380/2012/2022- 23 DATD 28.10.2022 IN SO FAR AS THE PETITIONER IS CONCERNED, PASSED BY THE 3RD RESPONDENT, IN THE INTEREST OF EQUITY AND JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:781-DB WP No. 25628 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 challenge in this petition under Article 226 of Constitution of India is directed against the order dated 15.10.2022 whereby, the petitioner's application for grant of quarry lease in Sy.No.4 of Gummalapura Village, Chikkaballapur District for extraction of mineral and ornamental grey granite, was rejected. Along with the application of the petitioner, the other application filed by the private respondent herein for similar purpose was also rejected. It was for regular building stone. 2. The two aspects of the matter which persuade the Court not to entertain the petition are, firstly, the petitioner has a remedy under Rule 53 of the Karnataka Minor Mineral Concession Rules, 1994 (for short 'the Rule') by filing revision application before the State Government since the aforementioned order impugned in this petition is passed by the Director, Department of Mines and Geology, Rule 53 of the Rule contemplates that any - 4 - NC: 2025:KHC:781-DB WP No. 25628 of 2023 person aggrieved by the order of the competent authority above the rank of Additional Director may file the revision within the stipulated time of 60 days. 3. In view of the alternative statutory remedy available, this Court is disinclined to entertain the petition by invoking extraordinary discretion under Article 226 of the Constitution. 4. The second material aspect is that private respondent No.5 herein who suffered the same order sailing with the petitioner herein, has already filed a revision application under Rule 53 of the aforesaid Rules. 5. In that view, relegating the petitioner to the said remedy of revision and without going into the merits of the case of either side, the petition is not entertained and disposed of. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 21