Budeppa Bommappa Gubbi vs State Of Karnataka & Others

Ritu Raj Awasthi, CJ

Heard.

Notice for the respondents shall accepted by learned Additional Government Advocate.

This writ petition has been filed seeking the following reliefs:-

“a) Issue a writ of certiorari or order or direction in the nature of a writ quashing the endorsement/order dated 16/31.12.2021 issued by the Senior Geologist, Department of Mines & Geology, Haveri bearing No.Ga.bu.ee/Heebuha/Kagagu/2021-22/1452 produced at Annexure-A to the writ petition.

b) Issue a writ, order or writ in the nature of mandamus directing the respondents to consider the application dated 15.06.2013 and grant of quarrying lease for quarrying building stone in Sy.No.42/A of Yelavala Village, Hirekerur Taluk, Haveri District produced as Annexure-B within a time frame in respect of the schedule property.

c) Grant such other relief or reliefs and further reliefs as this Hon’ble Court may deem fit in the circumstances of the case in the interest of justice.”

The preliminary objection regarding maintainability of the writ petition raised by learned Additional Government Advocate that under Rule 53 of the Karnataka Minor Mineral Concession Rules, 1994 (for short, the said Rules of 1994), the petitioner has a statutory alternative remedy to file revision against the impugned order which he has not availed and as such, the writ petition would not be maintainable.

Learned counsel for the petitioner submits that while passing the impugned order, the respondents have wrongly relied on Rule 108-I of the Karnataka Land Revenue Rules, 1966 and as such, the order impugned is bad in law.

We have considered the submissions and gone through the record.

The petitioner can raise his needs which he has taken in the writ petition while challenging the impugned order by filing a revision under Rule 53 of the said Rules of 1994, as such, we do not find any important reason to entertain the writ petition and it is accordingly dismissed with a liberty to the petitioner to file a revision within a period of 10 days from today. In case any such revision is filed, it is expected that the Revisional Authority will consider and decide the same in accordance with law expeditiously.