IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 8480 OF 2025 (GM-MM_S)

BETWEEN:

1. SRI. R. K. UTAGI, S/O SRI KARIYAPRA B. UTAGI, AGED ABOUT 52 YEARS, C/O GANGA NILAYA, AVARADI HEAD POST, GOKAK TALUK, BELGAUM DISTRICT-591 227.

…PETITIONER (BY SRI SRINIVASA K. N., ADVOCATE)

AND:

Digitally signed 1. STATE OF KARNATAKA, by VALLI BY ITS CHIEF SECRETARY, MARIMUTHU VIDHANA SOUDHA, Location: HIGH BANGALORE-560001.

COURT OF KARNATAKA

2. STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPT. OF COMMERCE AND INDUSTRIES (MSME AND MINES), VIDHANA SOUDHA, BANGALORS-560001. 3. THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560001.

4. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, BELAGAVI TOWN, BELAGAVI PIN-591227.

5. THE MINES TRIBUNAL MINISTRY OF MINES, GOVERNMENT OF INDIA, SHASTRIBHAVAN, NEW DEHLI-110001.

REP. BY ITS SECRETARY.

…RESPONDENTS (BY SMT.NILOUFER AKBAR, AGA FOR R1 TO R4)

THIS WRIT PEITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 22/07/2024 PASSED BY THE 5^TH RESPONDENT TRIBUNAL, WHICH IS PRODUCED AT ANNEXURE-Z TO THE WRIT PETITION AND DIRECT THE STATE GOVERNMENT TO RE-EXECUTE THE MINING LEASE DEED IN FAVOUR OF THE PETITIONER, AS DIRECTED BY THIS HON'BLE COURT IN WP No.45774/2013 DATED

17/12/2013, WHICH IS PRODUCED AT ANNEXURE-N1.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND

ORAL ORDER

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Heard learned advocate Mr. K. N. Srinivasa for the petitioner and learned Additional Government Advocate Smt. Niloufer Akbar who appears upon service of copy of the petition in advance.

2. The competent authority, by the order dated 30.11.2022, treated the mining lease No.2412 for mining of limestone in the area of 10 Acres and 4 Guntas at Avaradi Village, Gokak Taluka, Belgaum District belonging to the petitioner, to have lapsed, in view of Rule 20 of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016. The said Rule 20 deals with lapsing of mining lease.

2.1 The aforementioned order was taken by the petitioner before the revisional authority by filing the revision application, which was dismissed by the order dated 22.07.2024.

2.2 It is this order which is sought to be challenged by filing the present petition. Additional prayer is made to direct the respondent- authorities to re-execute the mining lease deed in favour of the petitioner.

3. The facts of the case go to show that the petitioner was granted lease for a period of twenty years with effect from 18.07.2003 for extraction of mineral limestone in the area of 4.06 Hectares at Avaradi Village, Gokak Taluka, Belgaum District. It appears that the mining operations were scheduled to commence from the month of November 2003. At a later stage, the lease deed was not re-executed by the authorities in favour of the petitioner. On the ground that the other lease holders were favoured with the execution of the lease deeds, the petitioner made a representation.

3.1 It appears that the Director of Mines and Geology issued the show cause notice dated 18.10.2011 to the petitioner under Rule 28(1) of the Mineral Concession Rules, 1960 treating the lease of the petitioner as having lapsed for the reason that the leasehold land was not used for a period of two years. The reply of the petitioner was considered, but was not found satisfactory. The competent authority treated the lease to have lapsed and the same was confirmed in the revisional proceedings.

3.2. Section 20 of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 reads as under, extracting in part, "20. Lapsing of the mining lease.-

(1) Where production