K. K. POOVAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) With a view to appreciate the submissions made across the bar, it will be necessary to refer to the facts of the case.

(2.) W.P.No.29534/2019 has been filed essentially for challenging the constitutional validity of a part of clause (e) of sub-rule (2) of Rule 8-B of the Karnataka Minor Mineral Concession Rules, 1994 (for short the said Rules of 1994 ) as amended by the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 (for short the Amendment Rules of 2016 ) and the Karnataka Minor Mineral Concession (Amendment) Rules, 2017 (for short the Amendment Rules of 2017 ).

(3.) As far as the petitioner in this petition is concerned, he is also challenging the endorsement dated 9th March 2019 issued by the third respondent which is at Annexure-A. On 27th June 2015, an application was made by the petitioner for grant of a quarrying lease. The application was pending on 12th August 2016 when the said Rules of 1994 were amended by the Amendment Rules of 2016. On 6th June 2017, an endorsement was issued by the Senior Geologist rejecting the application of the petitioner. In a Revision Petition filed by the petitioner, the said endorsement was set aside. On 9 th March 2019, the first impugned endorsement at Annexure-A was issued. By the said endorsement, the application made by the petitioner was rejected on the ground that as required by clause (e) of sub-rule (2) of Rule 8-B of the said Rules of 1994, the lease deed ought to have been executed within a period of twenty-four months as provided therein. A communication was issued on 19th March 2019 (Annexure-A) to the petitioner communicating the rejection of the application. A prayer is made for setting aside Annexure-A.