D S LAKSHMIDEVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) As common questions of law arise for determination in all these cases, I propose to dispose of them by a common order.

(2.) In these petitions under Art. 226 of the Constitution, the petitioners have principally challenged the validity of Rule 3A~of Karnataka minor mineral Concession Rules, 1969 (hereinafter referred to as the Rules) .

(3.) In exercise of the powers conferred by S. 15 of the Mines and Minerals (Regulation and Development) Act ot 1957 (Central Act 67 of 1957) (hereinafter referred to as the Act), Goverrir- ment of Karnataka by its notification No. G.S.R. 144 dated 19th April, 1969 promulgated the Rules. The Rules made elaborate provisions for the grant of leases of minor minerals to individuals within the State. Black granite as a minor mineral was regulated by the Rules. Prior to 5.9.79 leases of black granite or their renewal to individuals was not prohibited. In that view, the competent authorities under the Rules had granted leases for exploiting black granite in different parts of the State to various individuals. A lease granted to an individual under the Rules is normally valid for a period of 5 years and is generally renewed before the expiry of the lease for a similar period.