Disposed

Eshwarappa S Hullalli v. State of Karnataka

Karnataka HC4 Jun 2024WP/11620/2024

Case brief

AI extract

What is this about?

A writ petition challenging endorsements handing over sand stockpiled at the petitioner's yard to another respondent was disposed of after the petitioner opted to pursue revision under Rule 53 of the Karnataka Minor Mineral Concession Rules, 1994. The court permitted the revision application to be dealt with on merits, including any interim prayer, expressing no opinion on merits.

What did the court decide?

Petitioner permitted to file revision application under Rule 53 KMMC Rules 1994; authority to consider it and interim prayer per law.

Eshwarappa S Hullalli Vs State of Karnataka — Mining and Natural Resources | Karnataka HC (2024)

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NC: 2024:KHC:19146-DB WP No. 11620 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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WRIT PETITION No. 11620 OF 2024 (GM - MM_S)

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BETWEEN:

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ESHWARAPPA S. HULLALLI, AGED ABOUT 57 YEARS, R/AT HOLE ITAGI VILLAGE AND POST, SHIRAHATTI TALUKA 582120, GADAG DISTRICT.

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…PETITIONER

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(BY SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)

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AND:

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Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

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STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU 560001.

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THE SECRETARY TO GOVT., DEPT. OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA, BENGALURU 560001.

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THE DIRCTOR AND COMMISSIONER, DMG, No. 49, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU 560001.

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2 - NC: 2024:KHC:19146-DB WP No. 11620 of 2024

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THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY, DEPT. MINES AND GEOLOGY, 3^RD FLOOR, PARWAZ PLAZA, COLLEGE ROAD, HOSPET 583201.

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THE DEPUTY COMMISSIONER AND CHAIRMAN, DISTRICT TASK FORCE, COMMITTEE (MINES AND SAND), VIJAY NAGAR DIST., HOSAPETE 583104.

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THE PROJECT DIRECTOR, THE KARNATAKA STATE HABITAT CENTER, RAJEEV GANDHI RURAL HOUSING CORPORATION LTD., CAUVERY BHVAN, 9^TH FLOOR, K. G. ROAD, BENGALURU 560009.

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…RESPONDENTS

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(BY SRI S.S. MAHENDRA, GOVERNMENT ADVOCATE FOR R1 TO R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION DIRECTING TO QUASH OR SET ASIDE THE ENDORSEMENT DATED 19/03/2024 BEARING No.GABHUE/UNIHO/KAGAGUSHA/2023-24/4629 AND ORDER DATED 27/03/2024 BEARING No.GABHUE/UNIHO/KAGAGU/ 2023-24/4938-4947 PASSED BY THE 4^TH RESPONDENT DEPUTY DIRECTOR AND COMPETENT AUTHORITY PRODUCED AT ANNEXURES-A AND B HANDING OVER THE SAND STORED AT PETITIONERS STOCK YARD TO THE 6^TH RESPONDENT AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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3 - NC: 2024:KHC:19146-DB WP No. 11620 of 2024

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ORDER

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Heard learned advocate Mr.Ravindra Gajanan Kolle, for the petitioner and learned Additional Government Advocate Mr. S.S. Mahendra who appeared for respondent Nos.1 to 5, upon service of copy of the petition in advance.

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When the Court started dictating the order, learned advocate for the petitioner fairly stated that the petitioner may be relegated to the remedy of revision which is available under Rule 53 of the Karnataka Minor Mineral Concession Rules, 1994.

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The request is reasonable in as much as, against the order impugned in the petition, remedy of filing revision application is available and in the facts and circumstances of the case there is no reason that the petitioner may not avail the said statutory remedy.

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Accordingly, the petition is disposed of permitting the petitioner to avail the remedy under Rule 53 of the said Rules. If the revision application is filed, the same shall be dealt with by the revisional authority in accordance with law on its own merits.

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NC: 2024:KHC:19146-DB WP No. 11620 of 2024

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While availing the revisional remedy, it is open for the

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petitioner to seek interim prayer also to be considered by the revisional authority in accordance with law.

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This Court does not express any opinion on the merits of the

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case of either side in relation to the issue involved.

Sd/CHIEF JUSTICE

Sd/-

JUDGE

VBS List No.: 1 Sl No.: 10

Eshwarappa S Hullalli v. State of Karnataka

Case brief

What is this about?

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Eshwarappa S Hullalli v. State of Karnataka

Case brief

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