GOVIND B RON Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner was granted mining lease on 26-10-1983 in respect of major mineral 'moulding sand' over an area of 25 acres (10. 11 Hectares) in Sy. No. 232/16 of Kuravatti village, hoovina Hadagali Taluk, Bellary District bearing M. L. No. 1914 for a period of twenty years which concededly expired on 25-10-2003.

(2.) IT is not in dispute that the impugned mining area is located in Tungabhadra river bed and the same is a revenue land and not a forest land. As the period of mining lease was due to expire on 25-10-2003, the petitioner filed an application on 22-10-2002 for renewal under Rule 24-A of Mineral Concession rules, 1960 (hereinafter for short referred as mc Rules), of course within the stipulated time as per the provisions of MC Rules.

(3.) ACCORDING to the petitioner since the petitioner had applied for renewal within the time stipulated under the provisions of MC rules, 1960, even if such application for renewal was not renewed, the period of lease shall be deemed to have been extended for a further period till the State Government passed an order thereon as per Rule 24-A (6) of MC rules, which reads as hereunder :