K N PRABHUSWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has preferred this writ petition seeking quashing of amendment published with respect to Rule 21(2-B) of the Karnataka Minor Mineral Concession Rules, 1994 and also quashing of notification as per Annexure-C auctioning the sand.

(2.) The petitioner is a sand contractor. Sand is a non-specified minor mineral. The grant of mining lease in respect of non-specified minor mineral is regulated under the Karnataka Minor Mineral Concession Rules, 1994, for short, hereinafter referred to as the 'Rules'. Rule 21 of the Rules provide for application for grant or renewal of a quarrying lease in respect of non-specified minor minerals. Rule 21-A was introduced by way of amendment on 3/6/1997 with effect from 17/7/1997. It reads as under:

(3.) The petitioner contends that the aforesaid amendment runs counter to Section 21 and therefore it has to be struck down. Secondly, it was contended that it is in pursuance of the amended provision notification has been issued as per Annexure-C. The said notification has been issued by the third respondent who is not the competent person to issue the notification. Therefore, he has sought for quashing of both the amendment as well as the notification issued in pursuance of the said amendment.