JUDGMENT :

C. Nagappan, J.

1. Leave granted.

2. This appeal is preferred against the judgment and order dated 4.1.2011 passed by the High Court of Karnataka at Bangalore in Writ Petition No. 9325 of 2009 wherein the Division Bench allowed the writ petition filed by the third Respondent herein.

3. Briefly the facts are as follows: Appellant herein was granted a quarrying lease for ornamental stones in Survey No. 184 of Jyothi Gowdana Pura of Chamarajanagar Taluk for a period of 5 years from 27.2.1978 and that was further renewed on 18.1.1983 for a further period of five years ending with 26.2.1988. Though an application for another renewal was filed, the same was not considered favourably. Meanwhile Rule 3A of Karnataka Minor Mineral Concession Rules, 1969, was amended and the validity of the same was challenged by various persons including the Appellant herein before the High Court. While matter stood thus, the State Government issued order dated 18.6.1991 resorting to Rule 3 for grant and renewal of quarry leases. The Appellant herein applied for lease under the said order and 203 quarry leases were granted under Rule 3 and the Appellant herein was also granted lease for a term of ten