THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER, OR DIRECTION IN THE NATURE OF A DECLARATION DECLARING THAT THE QUARRY LEASE/LICENSE BEARING NUMBER 306/11-12 DATED 28/05/2011 AT ANNEXURE-B GRANTED BY THE RESPONDENT NO.1 IS VALID FOR A PERIOD OF 20 (TWENTY) YEARS FROM 28/05/2011 BEING THE DATE OF GRANT OF LEASE AS PER RULE 8A OF THE KARNATAKA MINOR MINERAL CONCESSIONS (AMENDMENT) RULES, 2016 & ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, ORDER WAS PRONOUNCED AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE

and

HON'BLE MR. JUSTICE C.M. POONACHA

C.A.V. JUDGMENT

(PER: HON'BLE MR. JUSTICE C.M.POONACHA)

1. The petitioner has filed the present petition seeking for the following reliefs:

"a)Issue a writ, order, or direction in the nature of a Declaration declaring that the Quarry Lease/License bearing number 306/11-12 dated 28/05/2011 at Annexure-B granted by the Respondent No.1 is valid for a period of 20 (twenty) years from 28/05/2011 being the date of grant of lease as per rule 8A of the Karnataka Minor Mineral Concessions (Amendment) Rules, 2016;

b)Issue a writ, order, or direction in the nature of a Declaration declaring that the Quarry Lease/License bearing number 307/11-12 dated 28/05/2011 at Annexure-C granted by the Respondent No.1 is valid for a period of 20 (twenty) years from 28/05/2011 being the date of grant of lease as per rule 8A of the Karnataka Minor Mineral Concessions (Amendment) Rules, 2016;

c)Consequently permit the Petitioner to carry out quarrying operations under the Quarry Lease/License bearing number 306/11-12 and 307/11-12 dated 28/05/2011 Annexure-B and Annexure-C granted by the Respondent No.1 ;

d)Direct the Respondents by way of a writ of mandamus or any other writ, order, or direction of similar nature to issue mineral dispatch permit in terms of Quarry Lease/License bearing number 306/11-12 and 307/11-12 dated 28/05/2011 Annexure-B AND Annexure-C granted by the Respondent No.1 for an extent of 5 acres and 8 acres respectively in Hussainpur Village, Koppal district for quarrying building stone;

e)Issue a Writ of Certiorari or any other writ, order, direction of similar nature quashing the order dated 22/10/2016 bearing number Ga Bhu E Ko Kh V: Ka Ga Gu:2016-2017:1016 passed by Respondent No.3 produced as Annexure-H;

f)Issue a Writ of Certiorari or any other writ, order, direction of similar nature quashing the order dated 22/10/2016 bearing number Ga Bhu E Ko Kh V Ka Ga Gu:2016:2017:1013 passed by Respondent No.3 produced as Annexure-J"

2. The petitioner was granted two quarry leases for building stone: i) QL No.306 dated 28.05.2011 for 5 acres in Survey No.4 of Hussainpur Village, Koppal District; and ii) QL No.307 dated 28.05.2011 for an extent of 8 acres in Sy.No.4 of Hussainpur Village, Koppal District [said leases]. The said leases were granted for a period of five years from the date of grant i.e., upto 27.05.2016.

3. Before expiry of the leases, the petitioner sought for extension of leases. The application for extension was made on 27.02.2016. The said applications not having been considered, the petitioner filed WP No.32288/2017. A Co-ordinate Bench of this Court by order dated 19.07.2017, disposed of the said writ petition by directing the authorities to consider the applications dated 27.02.2016 filed by the petitioner within a period of six weeks. The petitioner, contending that despite the direction given vide order dated 19.07.2017, in W.P.No 32288/2017, the application of the petitioner not having been considered, filed another W.P.No.1356/2022. A Co-ordinate Bench of this Court, by its order dated 27.01.2022 dismissed the writ petition as being not maintainable.

4. In the meanwhile, by the order dated 22.10.2016, the quarry leases of the petitioner were extended for a period of one year from 26.05.2017 as per Rule 21(2A) of the Karnataka Minor Mineral Con