B N Prasanna Kumar vs The State Of Karnataka
2021 Latest Caselaw 1414 Kant

                           1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 25TH DAY OF JANUARY, 2021

                        PRESENT

       THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                          AND

 THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

        WRIT PETITION NO. 789 OF 2021 (GM-MM-S)

BETWEEN:
B.N PRASANNA KUMAR
S/O LATE B C NANJUNDAIAH
AGED ABOUT 72 YEARS
MANAGING DIRECTOR
APKON VENTURES PVT LTD
APKON HOUSE, GARDEN ROAD
TUMKUR DISTRICT - 572101.
                                         ... PETITIONER
(BY SHRI ADITYA D, ADVOCATE)


AND:
1.   THE STATE OF KARNATAKA
REP BY. CHIEF SECRETARY
DEPT. OF COMMERCE AD INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560001.


2.   THE DIRECTOR
DEPT. OF MINES AND GEOLOGY
KANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560001.
                              2

3.    THE DEPUTY DIRECTOR
DEPT. OF MINES AND GEOLOGY
13TH FLOOR, VISHWESHWARAIAH TOWER
BENGALURU RURAL DISTRICT
BENGALURU - 560001.

                                          ... RESPONDENTS
(BY SHRI I THARANATH POOJARY AGA)
                             ---
      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE RULE 8B (2)(d) OF THE AMENDED
RULES OF KARNATAKA MINOR MINERAL CONCESSION
(AMENDMENT) RULES 2016 DOES NOT GOVERN THE
APPLICATION AT ANNEXURE-A OF THE PETITIONER FOR
QUARRY LEASE, AND ETC.


      THIS PETITION COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE
THE FOLLOWING:

                          ORDER

The learned counsel appearing for the petitioner

states that now, the petitioner is accepting that there is no

judgment of this Court which has taken a view contrary to

the view taken in the judgment and order dated 16th August,

2019 passed in W.P.10601 of 2019 and connected cases.

He states that the petitioner wants to rely upon clause (d-1)

of sub-rule (2) of Rule 8-B of the Karnataka Minor Mineral

Concession Rules, 1994. He, therefore, seeks permission to

withdraw the petition with liberty to file a fresh petition for

challenging the endorsement dated 17th November, 2020.

2. Accordingly, the writ petition is disposed of as

withdrawn with liberty as prayed.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

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