- 1 - HC-KAR NC: 2025:KHC:34888-DB WP No. 34042 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 34042 OF 2024 (GM-MM_S) BETWEEN: SRI D VENKATESH, S/O LATE DASAPPA, AGED ABOUT 70 YEARS, NO.12, 7TH "C" MAIN ROAD, 4TH BLOCK, 3RD STAGE, BASAVESHWARA NAGARA, BENGALURU-560 079. …PETITIONER (BY SRI NAVEED AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, DR B.R AMBEDKAR VIDHI, BENGALURU- 560 001. 2. THE DEPUTY DIRECTOR, DEPARMTENT OF MINES AND GEOLOGY, APPAJI LAYOUT, KOTTIPURA VILLAGE, RAMANAGAR - 562 159. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 & 2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AMENDMENT ORDER NO. GABUE/UNIRA/KAGAGU-1323/2023-24 DATED 25.01.2024 ISSUED BY THE R-2 AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34888-DB WP No. 34042 of 2024 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, impugning an Amendment Order dated 25.01.2024, issued by respondent No.2 [ the Deputy Director, Department of Mines and Geology] whereby the area of the quarrying lease allotted to the petitioner was reduced from 06 acres to 5.2 acres. 2. The petitioner states that quarrying lease was granted to him in respect of 06 acres in Survey No. 99 of Belagumba Village, Kasaba Hobli, Magadi Taluk, Ramanagara District. The petitioner states that sometime in the year 2021, a water tank was constructed under 'the Mahatma Gandhi National Rural Employment Guarantee Scheme' at the adjacent village. The said tank was at a distance of 155 metres from the quarry area. In view of the above, respondent No.2 has passed the impugned order reducing the licenced area from 06 acres to 5.28 acres. 3. It is the petitioner’s case that the norms regarding the distance from a water tank or a public road were amended in terms - 3 - HC-KAR NC: 2025:KHC:34888-DB WP No. 34042 of 2024 of the Notification dated 17.03.2023 and in terms of the said notification, the minimum distance of 100 meters was required to be maintained from a water tank. He submits that if this norm is applied, the licenced area could not be reduced. 4. Learned Additional Government Advocate appearing for the respondents-State submits that the petitioner has an equally efficacious remedy of filing a revision under Rule 53 (1) of the Karnataka Minor Mineral Concession Rules, 1994. 5. In view of the above, we do not consider it apposite to entertain the present petition. We however, direct that in the event the petitioner avails an alternate remedy of a revision within a period of two weeks from date, the same would be considered by the concerned authority uninfluenced by the question of delay. 6. The Writ Petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 64