- 1 - NC: 2025:KHC:7246-DB WP No. 32957 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH 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. 32957 OF 2024 (GM-MM-S) BETWEEN: 1. SRI G SUBHASH SHETTY AGED ABOUT 55 YEARS S/O LATE MAHABALA SHETTY RESIDING AT 'GILAYARU HANDIKERE HOUSE' GILIYAR VILLAGE, KOTA POST UDUPI TALUK AND DISTRICT-576221 …PETITIONER (BY SRI S S MAHENDRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY (MINES) DEPARTMENT OF COMMERCE AND INDUSTRIES VIKAS SOUDHA, 1ST FLOOR BENGALURU-560001 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560001 Digitally signed by VASANTHA KUMARY B K Location: High Court of Karnataka - 2 - NC: 2025:KHC:7246-DB WP No. 32957 of 2024 3. THE JOINT DIRECTOR MINES AND GEOLOGY DEPARTMENT SOUTH DIVISION MYSURU-570009 4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAJATHADRI, MANIPAL UDUPI DISTRICT-576104 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.3 TO COMPLY WITH THE AMENDED KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES OF 2023 AND EXTEND THE VALIDITY OF THE PETITIONER'S QUARRY LEASE FOR A TERM OF 30 YEARS, GIVING EFFECT TO THE GRANT AS PER FORM-GL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:7246-DB WP No. 32957 of 2024 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) In this petition filed under Article 226 of the Constitution, the first prayer was made to direct respondent No.3 to comply with the amended Karnataka Minor Mineral Concession (Amendment) Rules, 2023 and extend the validity of the petitioner's quarry lease for a term of 30 years giving effect to the grant as per the notification dated 01.01.2013. 2. The next attendant prayer was to set aside the order of respondent No.3 dated 07.11.2024. It was thirdly prayed to set aside the order dated 08.10.2015 cancelling the notification dated 01.01.2013 and consequently, to set aside the order dated 30.05.2019 passed by respondent No.3 dismissing the revision application. - 4 - NC: 2025:KHC:7246-DB WP No. 32957 of 2024 3. Today when the petition came up for consideration, learned advocate Mr. S.S. Mahendra for the petitioner filed memo dated 18.02.2025 seeking withdrawal of the petition by stating that during the pendency of the present petition, sub-rule (1) of Rule 18 of the Karnataka Minor Mineral Concession (Amendment) Rules, 2024 was brought into force which provides the remedy for filing a revision application by the grantee of the lease. 4. The memo for withdrawal reads as under, "The petitioner above named most respectfully prays that this Hon'ble Court may be pleased to dispose of the above petition as withdrawn, with liberty to the petitioner to avail the benefit of sub-rule (1) of Rule 18 of the Karnataka Minor Mineral Concession (Amendment) Rules, 2024, substituted with effect from 30.12.2024, which provides for filing a revision application in Form-RV by the grantee of the lease within a period of 90 days, in the interest of justice and equity." 5. Learned Additional Government Advocate Smt. Niloufer Akbar has no objection to withdrawal of the petition. 6. In view of the above, permission is granted to withdraw the present petition reserving liberty for the petitioner to avail the - 5 - NC: 2025:KHC:7246-DB WP No. 32957 of 2024 remedy of filing revision application in accordance with law in respect of which, however, this court does not express anything on merits. 7. The petition is accordingly disposed of as withdrawn with liberty reserved as above. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE BKV List No.: 1 Sl No.: 95