Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50455-DB WP No. 4704 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO.4704 OF 2025 (GM-MM_S)
BETWEEN:
B. K. GURUMURTHY S/O. KRISHNE GOWDA AGED ABOUT 36 YEARS R/AT BANKAPURA GRAMA KANTHAPURA POST NAGAMANGALA TALUK MANDYA - 571 401 …PETITIONER (BY SRI JAYANTH V., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT (MSME AND MINES) VIKASA SOUDHA BENGALURU-560 001
2. JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY SOUTH DIVISION NO.CA 4, 1ST D ROAD, I BLOCK RAMAKRISHNANAGAR MYSURU-570 022
Digitally signed by NIRMALA DEVI Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50455-DB WP No. 4704 of 2025
3. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MANDYA DISTRICT, KHANIJA BHAVAN VIDYANAGAR, 1ST CROSS MANDYA-571 401
4. ASSISTANT COMMISSIONER PANDAVAPURA SUB-DIVISION PANDAVAURA-571 434
…RESPONDENTS (BY SRI K. S. HARISH, GA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF RESPONDENT NO-2 DATED 27.09.2023 IN REVISION PETITION NO.25/2021-22 REJECTING THE REVISION PETITION OF THE PETITIONER I.E., ANNEXURE-A AND ETC. THIS WRIT PETITION IS 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. POONACHA
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HC-KAR NC: 2025:KHC:50455-DB WP No. 4704 of 2025
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition, inter alia, impugning an order dated 27.09.2023, passed by respondent-2 [Revisional Authority] in rejecting the petitioner's Revision Petition [being Revision Petition No.25/2021-2022]. The said Petition was filed by the petitioner impugning an endorsement date 29.08.2015, whereby the petitioner's application for a quarry lease has been rejected. 2. The petitioner had made an application on 16.11.2013 for grant of a quarry lease in respect of 01 acre of land falling in Survey No.54 of Sankanahalli Grama, Nagamangala Taluk, Mandya District. Respondent No.4 declined to issue a No Objection Certificate for grant of any mining lease in respect of the applied area. It was reported that there were holding lands adjacent to lands falling in Sy.No.54 and the subject matter of disputes. The sketch also indicates that there were overlaps with respect to certain areas.
In view of the said report, the respondent No.3 issued an endorsement dated 29.08.2015, rejecting the petitioner's
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HC-KAR NC: 2025:KHC:50455-DB WP No. 4704 of 2025
application for quarry lease. The petitioner filed a Revision Petition seeking to assail the said order on 17.11.2021, that is, after an inordinate delay of six years and two months. The learned counsel for the petitioner submits that the petitioner had filed the said Revision Petition upon becoming aware that permissions had been granted in respect of the adjoining lands. 3. However, the Revisional Authority, rejected the Revision Petition on the ground that The Karnataka Minor Mineral Concession Rules, 1994, as amended in the year 2016, did not permit consideration of applications which were filed prior to
12.08.2016. It was further noted that the petitioner's application was rejected prior to the amendment of the Karnataka Minor Mineral Concession Rules, 1994. Aggrieved by the same, the petitioner has filed the present petition. 4. Undisputedly, the petitioner's application was rejected way back on 29.08.2015 and therefore, the same could not be resurrected by virtue of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023. Additionally, it is noted that there is an inordinate delay of about over six years and two months in filing the
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HC-KAR NC: 2025:KHC:50455-DB WP No. 4704 of 2025
Revision Petition and we find no infirmity with the decision of the Revisional Authority in rejecting the same on the said ground as well. 5. The petition is unmerited and accordingly dismissed. 6. Pending I.As., if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
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