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2025 DAILYLAW 90111 (KAR)

B.N.NAGESH v. STATE OF KARNATAKA

WP/8394/2025 · 2025-08-20

C M Joshi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32343-DB WP No. 8394 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH 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. 8394 OF 2025 (GM-MM-S) BETWEEN: 1. B.N.NAGESH S/O B. N. NARAYANASWAMY AGED ABOUT 52 YEARS R/OF BETTAHALASURU VILLAGE AND POST BENGALURU NORTH TALUKA BENGALURU - 562 157 …PETITIONER (BY SRI. RAVINDRA GAJANAN KOLLE, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560 001 2. ADDITIONAL CHIEF SECRETARY AND CHAIRMAN ERSTWHILE RULE 11 COMMITTEE CONSTITUTED UNDER KMMC RULES, 1994 VIDHANA SOUDHA BENGALURU - 560 001 3. THE PRINCIPAL SECRETARY TO GOVT. DEPT. OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU - 560 001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32343-DB WP No. 8394 of 2025 4. THE DIRECTOR AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 5. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY DISTRICT ADMINISTRATION BUILDING 2ND FLOOR, ROOM NO. 219 BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 6. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 …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 ORDER OR DIRECTION TO QUASH OR SET ASIDE THE ENDORSEMENT DATED 18.07.2022 ISSUED BY THE 4TH RESPONDENT DIRECTOR AS WELL AS THE DECISION OF THE DISTRICT TASK FORCE COMMITTEE (MINES) DATED 30.12.2016 PASSED BY THE 6TH RESPONDENT DEPUTY COMMISSIONER AS THE CHAIRMAN, PRODUCED AT ANNEXURE-A AND B RESPECTIVELY & ETC. - 3 - HC-KAR NC: 2025:KHC:32343-DB WP No. 8394 of 2025 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) 1. The learned counsel appearing for the petitioner has filed the present petition impugning an endorsement dated 18.07.2022 issued by respondent No.4. The petitioner also impugns the decision of the District Task Force Committee (Mines) dated 30.12.2016. 2. The learned Additional Government Advocate appearing on behalf of the respondents points out that the petitioner has an equally efficacious remedy of a revision under Rule 53 of the Karnataka Minor Mineral Concession Rules, 1994. 3. In view of the above, we do not consider it apposite to entertain the present petition, leaving it open for the petitioner to avail of such alternate remedies. We, however, clarify that any - 4 - HC-KAR NC: 2025:KHC:32343-DB WP No. 8394 of 2025 time spent by the petitioner in pursuing the present petition shall be excluded for the purpose of limitation. 4. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 9