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2020 Supreme(Kar) 164

ABHAY S.OKA, HEMANT CHANDANGOUDAR
Khaleed Pasha Son of Mr Kamal Pasha – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI D.L.N RAO, FOR SRI ANIRUDH ANAND, ADVOCATE)
For the Respondent: SRI R. SUBRAMANYA, AAG A/W SRI V G BHANUPRAKASH, AGA

JUDGMENT :

1. There are broadly two issues involved in this group of writ petitions. The first issue is whether the holders of patta lands in the territory of Ex-Mysuru area who are the owners of sub-soil minerals in such patta lands can be forced to obtain a permission or a licence from the State Government for carrying out quarrying operations. Broadly speaking, a patta land is a privately owned land which is classified as a patta land. The State Government has framed the Karnataka Minor Mineral Concession Rules, 1994 (for short “the said Rules of 1994”) in exercise of the power under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short “the said Act of 1957”). By the notification dated 12th August, 2016, the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 (for short “the Amendment Rules”) were published by which extensive amendments were carried out to the said Rules of 1994. The amendments were brought into force on 12th August, 2016. The amendments were made mainly to give effect to the amendments made with effect from 12th January, 2015 to the provisions of the said Act of 1957. By the Amendment Rules, Chapter-IVA was added to the s

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