- 1 - NC: 2025:KHC:8800-DB WP No. 26272 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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. 26272 OF 2024 (GM-MM_S) BETWEEN: 1. SRI BANASHANKARI STONE CRUSHER A PARTNERSHIP OF FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT AND REGISTERED AS FIRM NO.CDG-F128-2022-23 OFFICE AT KALAGATTA VADDARAHATTY VILLAGE, NEAR TARALABALU CIRCLE, HOLALAKERE TALUK, CHITRADURGA DISTRICT - 577 518 REPRESENTED BY ITS PARTNER SRI V. VEERESH S/O. SRI VENKATESHAPPA, AGED ABOUT 47 YEARS. …PETITIONER (BY SRI BHAT GANAPATHY NARAYAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, VIDANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by CHAITHRA Location: High Court of Karnataka - 2 - NC: 2025:KHC:8800-DB WP No. 26272 of 2024 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 CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 501. …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 OF CERITORARI OR ANY APPROPRIATE ORDER BY QUASHING THE IMPUGNED REJECTION ORDER DATED 02.07.2024, BEARING Sl. No. GA.BHU.E/KA.GA.GHU/M-SAND/APPLICATION No.778/2024- 25/6094 PASSED BY THE RESPONDENT No. 2, AS PER ANNEXURE- F AND CONSEQUENTLY QUASH THE RECOMMENDATION LETTER DATED 11.03.2024 BEARING SL. No.GA.BHU.E/U.N1.CHI/SO.PA/ 2023-24/4340, PASSED BY THE RESPONDENT No. 3, AS PER ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:8800-DB WP No. 26272 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) Having realized in course of the submissions that Revision Application under Rule 53 (2) of the Karnataka Minor Mineral Concession Rules, 1994, is maintainable against the impugned order which is passed by the Director, learned advocate Mr. Bhat Ganapathy Narayan for the petitioner seeks permission to withdraw the present petition stating that the petitioner would approach the Revisional Authority by filing Revision Application. 2. Permission is granted to withdraw the present petition to enable the petitioner to avail statutory alternative remedy of filing of Revision Application as above. 3. It is clarified that this court has not gone into the merits, nor has expressed any opinion on merits of the case of the petitioner. The Revision Application, if filed, may be disposed of by the Revisional Authority, preferably within a period of six months. - 4 - NC: 2025:KHC:8800-DB WP No. 26272 of 2024 4. At this stage, learned advocate for the petitioner submitted that the revision may not be treated as time barred. It is observed that the time spent in prosecuting this petition shall be treated as litigating bona fide by the petitioner and shall be accordingly treated by the Revisional Authority, if an application is made in that regard. 4.1 Learned advocate further submitted that the time line may be fixed for the Revisional Authority to dispose of the Revision Application. In this regard it will be open for the petitioner to request the Revisional Authority to expeditiously dispose of the Revision Application, which request shall be duly considered by the Revisional Authority. 5. With the above observations, the petition is disposed of as withdrawn. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE CR/List No.: 1 Sl No.: 25