This single-paragraph order rejects a writ petition challenging the constitutional validity of amended Rule 36(5) of Karnataka Minor Mineral Concession Rules. The court held the challenge negatived based on a prior judgment dated 1st June 2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2021
PRESENT
THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.27956/2018 (GM-MM/S)
BETWEEN
GIRIDHAR RAO KASABE S/O SRI.SUDHINDRA RAO KASABE, AGED ABOUT 34 YEARS R/O NO.101, 16TH CROSS, RAM MANSION, MALLESWARAM, BANGALORE-560 003.
...PETITIONER
(By SRI : K DHIRAJ KUMAR, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA REP BY ITS SECRETARY, COMMERCE & INDUSTRIES DEPARTMENT, (MSME & MINES) VIKASA SOUDHA, BANGALORE-560 001.
2 . DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001.
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PANCHAYAT BHAVAN, 1ST FLOOR, RAMANAGAR-562 127.
…RESPONDENTS
(By SRI : S.S.MAHENDRA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD RULE 36[5] INSERTED IN KARNATAKA MINOR MINERAL CONCESSION [AMENDMENT] RULES 2016 PUBLISHD IN SPECIAL GAZETTE NOTIFICATION DTD 12.8.2016, COPY OF WHICH IS PRODUCED AT ANNEXURE-F AS UNCONSTITUTIONAL; HOLD AMENDMENT TO RULE 36[5] OF KARNATAKA MINOR MINERAL CONCESSION [AMENDMENT] RULES 2017, PUBLISHED IN SPECIAL GAZETTE NOTIFICATION DTD 18.7.2017 COPY OF WHICH PRODUCED AT ANNEXURE-G AS UNCONSTITUTIONAL; CONSEQUENTLY TO QUASH THE NOTICE DTD 28.9.2017 [03.10.2017] CALLING UPON THE PETITIONER TO FURNISH BANK GUARANTEE FOR PERFORMANCE SECURITY IN ACCORDANCE WITH AMENDED RULE 36[5] OF KMMCR 1994, COPY OF WHICH IS PRODUCED AT ANNEXURE-J ISSUED BY R-3.
THIS WRIT PETITION COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
In this writ petition, the challenge is to the validity of sub-rule (5) of Rule 36 of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, (for short, ‘the said Rules of 2016’) as amended with effect from 12th August 2016.
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A copy of order passed in W.P.No.137/2017 and connected matters, decided on 24.3.2021 be kept on record in the present case.
SD/ACTING CHIEF JUSTICE
SD/-
JUDGE
nd
1 issue framed by the court
Whether Rule 36(5) of Karnataka Minor Mineral Concession (Amendment) Rules, 2016, is unconstitutional and requires quashing of the show notice.
3 provisions across 2 enactments
Giridhar Rao Kasabe
State of Karnataka
Director Department of Mines and Geology
Deputy Director Department of Mines and Geology
Satish Chandra Sharma
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
