B G ESHWARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner has assailed the order made by the Central Government in exercise of its power under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 r/w Rule 54 of the Mineral Concession Rules, 1960, rejecting the petitioner's revision petition filed against the order of the State Government dated 17.8.2005 declining to consider petitioner's prayer for grant of prospective licence filed by application dated 10.1.1990.

(2.) We have heard learned counsel for the parties in great detail.

(3.) The grievance of the Petitioner is that the application for grant of a Prospecting Licence applied by his mother on 10.01.1990 has not been allowed by the Respondents. The factual matrix, succinctly stated, is that a large tract of land measuring several square miles was earlier the subject matter of a Mining Lease pertaining to iron ore in favour of M/s.SMIOR in the Reserved Forest of Dharmapura Village, Sandur Taluk, Bellary District. A fragment of this area, i.e., approximately 200 acres subsequently further reduced to 100 acres is the area which is pertinent to the case before us. Apart from the application for grant of a Prospecting Licence, the Petitioner's mother had also applied for a Mining Lease, along with other persons. The application for grant of a Prospecting Licence has not been considered.