Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48229-DB RP No. 269 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND REVIEW PETITION NO. 269 OF 2025 IN WRIT PETITION No.8480/2025 (GM-MM-S)
BETWEEN:
1.
SRI R.K. UTAGI S/O SRI KARIYAPPA B. UTAGI AGED ABOUT 52 YRS C/O. GANGA NILAYA AVARADI HEAD POST GOKAK TALUK BELGAUM DISTRICT - 591 227 …PETITIONER (BY SRI SRINIVASA K.N., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560 001
2.
STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF COMMERCE AND INDUSTRIES (MSME AND MINES) VIDHANA SOUDHA, BANGALORE - 560 001
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:48229-DB RP No. 269 of 2025
3.
THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BANGALORE - 560 001
4.
THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY BELAGAVI TOWN BELAGAVI PIN - 591 227
5.
THE MINES TRIBUNAL MINISTRY OF MINES GOVERNMENT OF INDIA SHASTRIBHAVAN NEW DEHLI -110 001 RPTD. BY ITS SECRETARY …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1 TO 4)
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 R/W ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN W.P. NO.8480/2025 AND REVIEW THE ORDER DATED 01.04.2025 PASSED BY THIS HON'BLE COURT IN THE INTEREST OF JUSTICE AND ALLOW THE WRIT PETITION AS PRAYED FOR & ETC.S
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:48229-DB RP No. 269 of 2025
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The Review Petitioner has filed the present review petition, seeking review of the order dated 01.04.2025 passed by this Court in W.P.No.8480/2025 (GM-MM-S).
2. The writ petitioner had filed the said petition, impugning an
order dated 22.07.2024 passed by respondent No.5 seeking a direction to the State Government to re-execute the mining lease in favour of the petitioner as directed in W.P.No.45774/2013.
3. The petitioner was essentially aggrieved by the order of respondent No.2 dated 30.11.2022, treating the mining lease of extraction of Limestone minerals over an area of 10 acres and 4 guntas at Avaradi village, Gokak Taluk, Belgaum District [subject land] being mining lease no. 2412 as lapsed, in view of Rule 20 of the Mineral (Other Than Atomic And Hydro Carbons Energy Minerals) Concession Rules, 2016.
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HC-KAR NC: 2025:KHC:48229-DB RP No. 269 of 2025
4. The review petitioner had filed a revision application, which was dismissed by the revisional authority by an order dated
22.07.2024. The said order was impugned in the writ petition, which was rejected in terms of the order, review of which is sought.
5. It is contended on behalf of the review petitioner that there is no question of lapsing of the mining lease under Rule 20 of the Mineral (Other Than Atomic And Hydro Carbons Energy Minerals) Concession Rules, 2016, as the mining lease granted to the petitioner had not been registered.
6. The learned counsel for the review petitioner submits that in the absence of any registration, no activity could have been undertaken. The revisional authority had noted that the mining lease was not registered by the petitioner within the stipulated time. Further extension was also granted for registration of the mining lease. However, that action was also not initiated, as the petitioner had not produced certificate for conversion of land [NA Certificate], which was necessary. Although the lease was executed, no mining activity was conducted for a period of two years. In view of the
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HC-KAR NC: 2025:KHC:48229-DB RP No. 269 of 2025
aforesaid finding, the concerned authorities had concurrently held that the lease had lapsed. This Court had accepted the said view.
7. Clearly, the review petitioner seeks to re-agitate the issue that is considered and decided. In this view, there is no ground to review the order dated 01.04.2025 passed in W.P.No.8480/2025.
8. The Review Petition is accordingly, dismissed.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K. V. ARAVIND) JUDGE
KS List No.: 1 Sl No.: 5