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2025 DAILYLAW 82701 (KAR)

SRI MALATHESH NAGAPPA DHIDAGURU v. THE SECRETARY TO GOVERNMENT

WP/3102/2025 · 2025-08-06

C M Joshi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30448-DB WP No. 3102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 3102 OF 2025 (GM-MM_S) BETWEEN: SRI MALATHESH NAGAPPA DHIDAGURU, S/O NAGAPPA DHIDAGURU, AGED ABOUT 45 YEARS, R/O GOGIKAATTI ONI, RAMATHEERTHA MATH CHAL, RAJENDRANAGARA, HAVERI DISTRICT-581 110. …PETITIONER (BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. THE SECRETARY TO GOVERNMENT, DEPT. OF COMMERCE & INDUSTRIES, VIKAS SOUDHA, BENGALURU, BENGALURU-560 001. 2. THE DIRECTOR/COMMISSIONER, DEPT. OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. 3. THE SENIOR GEOLOGIST, DEPT. OF MINES AND GEOLOGY, G.G. MAGAVI CHAMBERS, IIND FLOOR, P.B. ROAD, HAVERI-581 110. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30448-DB WP No. 3102 of 2025 4. THE ADDL. DIRECTOR & REVISIONAL AUTHORITY, MINES & GEOLOGY DEPARTMENT, NORTH REGION, BELLARY DIST., BELLARY-583 101. …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/HiBhuiHa/KaGaGu/2016-17/2501 DATED 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 PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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) The petitioner has filed the present petition inter alia impugning an order dated 26.04.2024 passed by the Additional Director and Revisional Authority, Mines and Geology Department/respondent No.4, whereby the petitioner had impugned an order dated 17.02.2017 passed by the competent authority rejecting the - 3 - HC-KAR NC: 2025:KHC:30448-DB WP No. 3102 of 2025 petitioner’s application for grant of a stone quarry lease. It is noted that the Revision Authority had found the revision petition was barred by limitation. It was filed after an inordinate delay of more than six years. Additionally, the Revisional Authority had also found that the extent of land prescribed in Schedule-II-A of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 as amended in 2023 is 2 acres. However, the petitioner's application was for a grant of lease of land which is less than 2 acres. 2. Learned counsel appearing for the petitioner submits that he does not wish to contest the decision of the Revisional Authority. However, reserves his right to make an application for availing the benefit of Rule 8B of the said Rules. 3. The petition is accordingly disposed of. This order will not preclude the petitioner from filing an application to seek the benefit of Rule 8B of the Karnataka Minor Mineral Concession Rules 2016 as amended in 2023. - 4 - HC-KAR NC: 2025:KHC:30448-DB WP No. 3102 of 2025 Needless to state that if any such application is made, the same will be considered in accordance with law. Nothing stated in this order should be considered as an expression of opinion on the merits or maintainability of the said application. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 13