- 1 - HC-KAR NC: 2025:KHC:29011-DB WP No. 3038 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 3038 OF 2025 (GM-MM-S) BETWEEN: 1. SRI MALLESHAPPA S/O CHANABASAPPA VADDAR AGED ABOUT 35 YEARS R/O KAJJARI VILLAGE RANEBENNUR TALUK HAVERI DISTRICT - 581 115. …PETITIONER (BY SRI OMPRAKASH, ADVOCATE FOR SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. THE SECRETARY TO GOVERNMENT DEPT. OF COMMERCE & INDUSTRIES VIKAS SOUDHA BENGALURU - 560 001. 2. THE DIRECTOR/COMMISSIONER DEPT. OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001. Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29011-DB WP No. 3038 of 2025 3. THE SENIOR GEOLOGIST, DEPT. OF MINES AND GEOLOGY G.G. MAGAVI CHAMBERS IIND FLOOR, P.B. ROAD HAVERI - 581 110. 4. THE ADDL. DIRECTOR & REVISIONAL AUTHORITY MINES & GEOLOGY DEPARTMENT NORTH REGION, BELLARY DIST. BELLARY - 583 102. …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 CERTIORARI OR ANY OTHER WRIT OR DIRECTION QUASHING THE ENDORSEMENT/OFFICE ORDER No. GaBhuEe/HiBhuHa/KaGaGu/2016-17/2514 Dt. 17.02.2017 ISSUED BY RESPONDENT No. 3 AS BEING ARBITRARY, ERRONEOUS AND CONTRARY TO LAW, EQUITY AND JUSTICE. (ANNEXURE-B) & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29011-DB WP No. 3038 of 2025 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 the order dated 26.04.2024 passed by the Revisional Authority [Respondent No.4], whereby the petitioner's application impugning the endorsement dated 17.02.2017, was rejected on the ground, it was barred by limitation. 2. The learned counsel appearing for the petitioner submits that he does not wish to contest the decision of the Revisional Authority. However, seeks liberty to make an application to the competent authority for availing the benefit of Rule 8B of the Karnataka Minor Mineral Concession Rules, 2016. He has handed over an order dated 17.03.2025 passed by this Court in Sri VijayBharat Bhojappa Ballari v. The Secretary to Government, Department of Commerce and Industries and others: 2025 KHC 10911-DB. He submits that in similar circumstances the petition was dismissed against the order of a Revisional Authority as meritless. However the petitioner in that case was granted liberty to approach the Competent - 4 - HC-KAR NC: 2025:KHC:29011-DB WP No. 3038 of 2025 Authority for seeking the benefit of Rule 8B of the aforementioned Rules, if otherwise, available in law. The competent authority was also directed to examine such a request, if so made, on merits and in accordance with law. 3. We find no grounds to reject the aforesaid request. The petition is accordingly dismissed, albeit with the liberty to the petitioner to approach the Competent Authority for seeking the benefit of Rule 8B of the Karnataka Minor Minerals Concession Rules, 2016, as amended in 2023. 4. Needless to state that if an application is made by the petitioner within a reasonable period of time, the Competent Authority shall consider the same on merits and in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE SD List No.: 1 Sl No.: 10