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2021 Supreme(Kar) 107

ABHAY S.OKA, S.VISHWAJITH SHETTY
K. K. Poovaiah – Appellant
Versus
State of Karnataka Rep. By Its Secretary Department of Commerce And Industries M. S. Building Bangalore – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Jayanth V, Advocate
For the Respondent: Shri Vikram Huilgol, Aga

ORDER :

1. With a view to appreciate the submissions made across the bar, it will be necessary to refer to the facts of the case.

2. W.P.No.29534/2019 has been filed essentially for challenging the constitutional validity of a part of clause (e) of sub-rule (2) of Rule 8-B of the Karnataka Minor Mineral Concession Rules, 1994 (for short ‘the said Rules of 1994’) as amended by the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 (for short ‘the Amendment Rules of 2016’) and the Karnataka Minor Mineral Concession (Amendment) Rules, 2017 (for short ‘the Amendment Rules of 2017’).

3. As far as the petitioner in this petition is concerned, he is also challenging the endorsement dated 9th March 2019 issued by the third respondent which is at Annexure-A. On 27th June 2015, an application was made by the petitioner for grant of a quarrying lease. The application was pending on 12th August 2016 when the said Rules of 1994 were amended by the Amendment Rules of 2016. On 6th June 2017, an endorsement was issued by the Senior Geologist rejecting the application of the petitioner. In a Revision Petition filed by the petitioner, the said endorsement was set aside. On th March 2019, the fi

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