RENUKA LAKSHMI GRANITES A REGISTERED PARTNERSHIP FIRM UNDER THE INDIAN PARTNERSHIP ACT, 1932 REP. BY ITS MANAGING PARTNER SMT. ANNAPOORNA CHANDRASHEKAR Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE DEPARTMENT OF COMMERCE AND INDUSTRIES AND

JUDGEMENT

(1.) BY a notification dated 22.3.2005 (Annexure -FC), issued in exercise of the authority vested in the State Government under Rule 11(4) of the Karnataka Minor Mineral Concession Rules, 1994, sanction was granted for renewal of a quarrying lease for quarrying Grey Granite for a period of 10 years from the date of expiry of the previous lease, i.e.. with effect from 12.6.2001, to Sri K.M. Rajashekaramurthy (Respondent No. 5 herein), over an extent of 4 acres of Government land in Survey No. l4/P of Malleharavu Village, Molakalmuru Taluk. Chitradurga District.

(2.) A perusal of the impugned notification dated 22.3.2005 reveals, that the renewal of quarrying lease granted to Respondent No. 5 was for a tenure of 10 years (with effect from 12.6.2001) which would expire on 11.6.2011.

(3.) HAVING given our thoughtful consideration to the submissions advanced at the hands of the learned Counsel for the Petitioner, we are satisfied, that it is inappropriate to exercise our jurisdiction under Article 226 of the Constitution of India, so as to entertain the prayer made by the Petitioner in the instant writ petition to impugn the notification dated 22.3.2005 (Annexure -FC). According to the Petitioner, the aforesaid notification came to her notice, as far back as on 5.2.2008. Despite the fact, that the instant writ petition came to be filed in the Registry of this Court on 31.7.2009, objections raised by the Registry were not removed for over 11/2 years. As of now, out of the 10 years' of lease period granted to Respondent No. 5, only about 4 months remain. We are satisfied, that it would be of a wholly futile exercise to entertain the instant writ petition, at this belated juncture.