DAMLE BROTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The Writ Petition is directed against the order of the first respondent dated 4-8-1984 intimated on 21-8-1984 as well as the order dated 3-1-1984 passed by the State of Karnataka vide annexures 'G' and 'C' respectively. The petitioner has also sought for a mandamus directing the respondents to consider and grant renewal of mining lease in favour of the petitioner, in accordance with the application vide annexure 'A'.

(2.) This case arises out of the following facts :- The petitioner was granted a mining lease over an area of 9.30 hectares on Pandari River bed in Akrali village, Khanapur Taluq in Belgaum District in respect of moulding sand for a period of 20 years commencing from 7-7-1964. The lease was granted by the second respondent namely, the State of Karnataka. On 31-1-1983 the petitioner sought renewal of mining lease in accordance with the provisions of Mineral Concession Rules, 1960 (hereinafter referred to as the 'Rules'). The application was filed 12 months before the expiry of the lease as contemplated by Rule 28 of the Rules and the application was made to the second respondent. On 3-1-1984, the second respondent rejected the application for the reasons stated in annexure 'G'. The same reads as follows :

(3.) Aggrieved by the said order, the petitioner preferred a Revision Petition under Rule 54 of the Rules before the first respondent, namely, Union of India. After the formalities to call for comments were completed, the Union of India confirmed the order passed by the State Government. The petitioner is aggrieved by both the orders.