VENKATESHWARA MINERALS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia impugning an order dtd. 4/2/2023 [impugned order] passed by respondent No.1 whereby the petitioner's application under Sec. 8A(3) of the Mines and Minerals (Development and Regulation) Act, 1957 [MMDR Act], was rejected.

(2.) The petitioner had claimed deemed extension of the existing mining lease over a land measuring six acres falling in Survey No.63/1 of Thimmapura Village, Mudhol Taluk, Bagalkot District. The petitioner's application for a deemed extension of the lease was rejected on the ground that the area of six acres of land was less than the threshold area required for a special lease under Rule 22(D)(c) of the Mineral Concession Rules, 1960 [MCR, 1960].

(3.) It is stated that one Sri Ninganagouda Appanagouda Patil was an agriculturist who owned agricultural land to the extent of about 20 acres falling in Survey No.63/1 of Thimmapura Village, Mudhol Taluk, Bagalkot District. He had filed an application for mining limestone lease to the extent of 15.20 acres of the subject land on 23/8/2002. The said application was recommended by the Deputy Director, Department of Mines & Geology, by letter dtd. 8/4/2024. However, the recommendation was for a mining lease confined to an area of 6 acres falling in Sy.No.63/1 [subject land].